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I t 



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y 



THE SCOTS STATUTES REVISED 




Printed 6j 
Willi ui CIreem AMU S 
Ofiol«T lOOS 



J$/^ o^i/n v A . c'',ti<'^) ^'■■'..U'-'j . 






THE SCOTS STATUTES REVISED 



THE ACTS 



OF THE 



PARLIAMENTS OF SCOTLAND 



1424-1707 



EDINBURGH 

WILLIAM GKEEN & SONS 

LAW PUBLISHERS 
1908 




L 





THE SCOTS ACTS-REVISED EDITION. 



ACTA PARLIAMENTORUM REGIS JACOBI PRIMI. 



PARLIAMENT AT PERTH, 26th may 1424 

CAR 12. 

[1424, cop. 11.] 

Of crufis and yaris 

Item It is ordanyt that all crufis and yaris set in fresche watteris quhar the see fillis 
and ebbis the quhilke distroyis the fry of all fischis be distroyit and put away .... 
nocht gaynstandand ony priuilegis or fredome geifyn in the contrare under the payne 
of ane hundreth shillinges .... 

[In part rep., 6 Ed. 7 c. 38 {S.L.R.y] 



CAP. 13. 

[1424, cap, 12.] 

Of mynis'of golde and silver 

Item Gif ony myne of golde or siluer be fundyn in ony lordis landis of the realme 
and it may be prowyt that thre halfpennys of siluer may be fynit owt of the punde 
of leide The lordis of parliament consentis that sik myne be the kingis as is vsuale 
in vthir realmys 



CAP. 25. 

[1424, cap, 24.] 

Of hostilaris in burowis townis and thruchfaris 

Item It is ordanyt that in all burowis townyss of the realme and thruchtfaris quhar 
common passagis ar that thar be ordanyt hostilaris and resetteris haifande stabillis 
and chawmeris to ridaris and gangaris And at men fynde with thame brede and aile 
and all vthir fuyde alsueill to horae as men for resonable price eftir as the chapis of 
the cuntre standis 

S.A. 1 1 



C. 24] James I. 1424. 

PARLIAMENT AT PERTH, 12th march 1424. 

CAP. 24. 

[1424, cap. 45.] 

Anent billis of complayntis 

. . . . gif thar be ony pur creatur that for defalt of cunnyng or dispense can nocht 
or may nocht folow his cause the king for the lufe of god sail ordaine that the Juge 
befor quham the cause suld be determyt purvay and get a lele and a wyse aduocate 
to folow sic pur creaturis cause And gif sic cause be obtenyt the wrangar sail assyth 
bath the party scathit and the aduocatis costis and trauale .... 

[In part rep,, 6 Ed, 7 c. 38 {S.L.R,),] 



PARLIAMENT AT PERTH, 11th march 1425. 

CAP. 3. 

[1425, cap. 48.] 

XJndir quhat lawis the kingis liegis salbe governyt 

Item It is ordanit be the king with the consent and deliuerance of the thre estatis 
that all and sindry the kingis liegis of the realme leif and be gouernyt vndir the 
kingis lawis and statutis of this realme alanerly and undir na particulair lawis. na 
speciale priualegis na be na lawis of vthir cuntreis nor real mis 



PARLIAMENT AT PERTH, 1st july 1427. 

CAP. 8. 

[1426, cap. 88.] 

Db causis mercatorum extra regnum docedencium tractandis 

Item Eodem die Rex ex deliberacione trium Statuum in parliamento congregatorum 
decreuerunt quod cause omnium mercatorum et incolarum Regnj Scocie in. Zelandia 
fiandria vel alibj extra Regnum decedencium quj se causa marcandizarum suarum 
peregrinacionis vel aliqua quacunque causa dummodo non causa morandi extra Regnum 
se transtulerunt debent tractarj coram suis ordinariis Infra Regnum a quibus sua 
testamenta confirmantur non obstante quod quedam ex bonis huiusmodi decedencium 
tempore suj obitus fuariut In Anglia vel in partibus transmarinis 



PARLIAMENT AT PERTH, 6th march 1429. 

CAP. 3. 

[1429, cap. 113.] 

Anent excepcionis agane the kingis breifis 

Item It is statute and ordanit that fra thinfurth thare sal nane excepcioune avalye 
agayn the kingis breifis quhether thai be lang writtyn or schorte swa that thai halde 

2 



C. 3.] James L 1429. 

the forme of the breif statute in the law of befoir congruit and be nocht rasit na blobit 
in suspect placis that is to say in the name or in the surname of the folowar or of the 
defenaar and the name of the lande or of the cause apoun the quhilk the breif is 
purchest or in the dait thairof 



CAP. 20. 

[14-29, mp, 129.] 

Of soverte askit be ony of the kingis liegis that hes doute of his life 

Item It is statute ande ordanit thatgif ony of the kingis liegis haf ony doute of his life 
outhir be dede or manance or violent presumpcioun ande he ask souerte of thaim that 
he doutis the schiref sal tak souerte of the party that the complante is maid apoun 
sa that the party playntife mak prufe of the dede or of manance or of the violent 
presumpcioun maid or done till hym be his athe or uthir sufficiande prufe .... 

[In part rep,, 6 Ed. 7 c. 38 {SX.R.).] 



C. 6.] James IL 1449. 



ACTA PARLIAMENTORUM REGIS JACOBI SECUNDL 



PAELIAMENT AT EDINBURGH, 19th jan. 1449. 

CAP. 6. 

[U49, ca:p. 18.] 

Of takis of landis for termes 

Item It is ordanit for the sauftie and fauour of the pure pepil that labouris the 
grunde that thai and al vthiris that has takyn or sal tak landis in tym to cum fra 
lordis and has termes and yeris thereof that suppose the lordis sel or analy thai landis 
that the takaris sail remayn with thare takis on to the ische of thare termes quhais 
handis at euir thai landis cum to for sic lik male as thai tuk thaim of befoir .... 

[Injpart rep., 6 Ed, 7 c. 38 (S.L.R.).] 



C. 3.] Jam^ III. 1469. 



ACTA PARLIAMENTORUM REGIS JACOBI TERTIL 



PARLIAMENT AT EDINBURGH, 20th nov. 1469. 

CAP. 3. 

[1469, ca;?. 27.] 

TuiCHiNG the new Inventionis of selling of landis be chartir 
and sesing and takin again of reversions 

Item As tuiching the new Inuentionis of selling of landis be chartir and sesing and 
takin again of Reuersionis And It bappin the by are to sell again the samyn land to 
ane vthir persone It is now sene expedient in this present parliament and according 
to law and conscience that the sellare sail haue Recourse to the samyn landis sauld 
be him vuder lettre of Reuersione to quhatsumeuir handis the said lettre ciimmys 
payand the mone and schawand the Reuersione and haue sic priuelege and fredome 
aganis the personis that haldis the said landis as he suld haue again the principale 
first byare .... 

\In'pari rep., 6 Ed, 7 c. 38 {S.L,R,).] 



CAP. 4. 

[1469, cap. 28.] 



Anent the prescriptioun of obligationis nocht folowit within 

the space of fourty yeris 

Item As anentis obligationis that salbe folowit in tyme cummyn except thame that 
ar dependand in the law befoir the makin of this Act It is avisit that the partij to 
quham the obligatione is maid or that has Interess therein sail folow the said obliga 
within the space of fourty yeris and tak document thairupone And gif he dois nocht 
It sail prescrife and be of nain avail the said fourtj yeir beand Ronnyngand vnpersewit 
bo the law 



CAP. 12. 

[1469, cap. 36.] 

Anent the distrenying of tenandis for the lordis dettis 

Item To eschow the gret herschip and distructionis of the kingis commonis malaris 
and Inhabitaris lordis landis throw the force of the brefe of distres that quhare ony 
sovmes ar optenit be virtu of the said brefe vpoun the lord Awnare of the ground 
that the gudis and catal of the pure mennis Inhabitaris of the ground ar takin and 
distrenveit for the lordis dettis quhare the malis extendis nocht to the avail of the 
det It Is avisit and ordanit in this present parliament that fra hyne furth the pure 

5 



C. 12.] Ja'nus III. 1469. 

tenandis sal Docht be distrenyit for the lordis dettis forthir than his termes mail 
extend is .... And gif the creditour takkis the termes mail be virtu of the brefe 
of distres It sail nocht be leful to the lorde to tak It again .... And als the Oure 
lorde sail Kessaue the creditoure or ony vthir byar tennande to him thai payande to 
the Oure lorde a yeris mail as the lande Is set for the tyme .... 

[In part rep., 6 Ed, 7 c. 38 (S.L.jR.).] 



PARLIAMENT AT EDINBUEGH, 9th may 1474 

CAP. 6. 

[U74, cap. 51.] 

Anent the breif of tutorie 

Item It is statute and ordanit anent the breif of tutorie that it be vnderstandin in 
tyme to cum that he that is nerrest agnet and of xxv yeiris of age fulfilling the laif 
of the poyntis of the breif salbe laucbfuU tutour suppois the childe that happynnis 
to be in tutory haif ane yonger brother or sister nochtwithstanding that the agnet 
is nocht immediate to succeid to the childe be cause of yonger breder and sisteris 



CAP. 9. 

[1474, cap. 54.] 

Anentis the Act of prescripcione of obligacionis 

Item Anentis the act maide of befor of prescripcione of obligacionis it is ordanit to 
be wnderstandin in this wise that all aulde obligacionis maid of befor that is eldar 
than the dait of xl yeris nocht dependande in the lawe in the tyme of the making of 
the saide actis salbe prescrivit and of na strenthe and in lik wise in tyme to cum all 
obligacionis maid or to be maide that beis nocht folowyt within xl yeris sail prescrive 
and be of na awaill 



PARLIAMENT AT EDINBURGH, 1st junb 1478. 

CAP. 6. 

[1477, cap. 73.] 

For observing of the act anent the cruvis sett in watteris 

Item It is statut and ordanit that the Act maid of befoir be king James the first 
anent the cruvis sett in watteris be obseruit and kepit the quhilk beris in effect that 
all cruvis set in wateris quhare the seye fillis and ebbis the quhilk distrois the fry of 
all fischis be put away and distroit for euermare Nochtwithstanding all fredome or 
priuilegis gevin In the contraro .... And that thai that has crufis in fresche wateris 
that thai ger kepe the lawis anent the setterdais slop And suffer thaim nocht to stand 
in forbodin tyme .... And that Ilk hek of the said crufis be thre Inche wyde as the 
auld statut Requiris maid be king dauid .... 

[In part rep., 6 Ed. 7 c. 38 (S.L.R.).] 

6 



C. 14.] Jaines III. 1481. 

PARLIAMENT AT EDINBUEGH, 18th makcu 1481. 

CAP. 14. 

[1481, cop. 83.] 

Memorandum of a deliverance of the lord is of Counsale anent a revocacione 
maid be a woman havand conjunctfeftment eftir hir busbandis deceis 

Memorandum the sext day of marche the yeir of god mcccclxxxi yeiris Robert 
Danyelstoun was persewit be ane woman callit Glen befoir the lordis of counsale And 
scho wald haue cumin aganis hir aith that scho maid in Jugement befoir the ofEciall 
of glasgw And thair was schawin ane Instrument vnder the seill of the said officiale 
that scho consentit to the alienatioun of sic landis and swoir that scho suld neuir cum 
in the contrair heirof And wald haue had the saidis landis allegeand that It was hir 
coniunctfeftment and maid reuocatioun eftir hir husbandis deceiss sayand that he com- 
pellit hir thairto The actioun was deliuerit aganis this woman 



PARLIAMENT AT EDINBURGH, 1st October 1487. 

CAP. 17. 

[1487, ca'p. 111.] 

That certane commissionaris of borrowis convene in ilk yere 

Alsa it is statut and ordanit be the hale thre estatis that yerely in tyme tocum 
certane commissionaris of all borrowis baith south and north convene and gad re 
togiddir .... with full commissioune and thair to comoune and trete apoune the 
welefare of merchandis the gude Rewle and statutis for the commoune proffit of 
borowis and to provide for Remede apoune the scaith and Iniuris sustenit within 
burowis .... 

{In'pari rep,, 6 Ed, 7 c. 38 {S.LM.).] 



7 



C. 6.] James IV. 1491. 



ACTA PARLIAMENTORUM REGIS JACOBI QUART! 



PARLIAMENT AT EDINBURGH, 28th April 1491. 

CAP. 6. 

[1491, cap. 25.J 

Of landis fallin in ward to oure soverane lord or ony uthir baroun. 

Item It is statute and ordinit that quhare ony landis happinnis to fall in ward to 
oure souei*ane lord or ony vther baroune in his Realme Spirituale or temporale or 
landis gevin in coniunctfeftment or lifrent als wele to burght as to land that the 
schiref of the schire Stewart prouest or bailyeis sail tak sicker souerte of the persone 
or personis that gettis sic wardis that thai sail nocht waist nor distroy ther biggingis 
charteris woddis parkis stankis myndis nor dovcatis bot hald thaim in siclik kynd as 
thai ar in the tyme that he gettis and ressauis the samen he takand his ressonable 
sustentacioune or vsing in neidfull thingis without distruccioune or waisting thairof 
and ane Kessonable levin be gevin to the sustentacioune of the Are eftre the quantite 
of the heretage of the said Are And gif the said Are haue na blanchferme nor few- 
ferme landis to sustene thaim one Alswele of the wardis that fallis in our souerane 
lordis handis As ony vthir baroune Spirituale or temporale 



CAP. 7. 

[1491, cap. 26.] 

Of the tennentis of landis that fallis in ward or ar uthir wayis alterit. 

Item It is statut and ordinit that quhene ony landis fallis in ward or quben ony 
laidy haffand terce or coniunctfeftment happinis to decess or that landis be Kedemit 
and lowsit be Reuersioune gift or selling or wedsetting or ony vtheris wayis ony 
landis happinis to be alterit the tennentis lauboraris and Inhabitantis ony of the 
said landis sail Eemane vnput furth or Removit quhill the nixt terme of witsonday 
folowand payand to the lord that sail entir to the saidis landis malez and dewiteis 
aucbt and wont of the saidis landis quhilk broikin sail Induce na possessioune langare 
na the said witsonday 

■ 

CAP. 19. 

[1491, cap. 36.] 

Of the commoun gud of all burrowis. 

Item It is statut and ordinit that the commoune gud of all our souerane lordis 
burrowis within the realme be obseruit and kepit to the commoune gude of the 
toune and to be spendit in commoune And necessare thingis of the burght be the 
aviso of the consale of the toune for the tyme and dekkynnis of craftis quhare thai 
ar * . • • 

[In part rep., 6 Ed. 7 c. 38 {S.L.B.).] 

8 



C. 9.] James IV. 1503. 

PAKLIAMENT AT EDINBURGH, IItu march 1503. 

CAP. 9. 

[1503, cap, 65.] 

Anent recent spulye. 

Item Anent recent spulye It is statute and ordanit that It salbe leifull to the partij 
qubilk is spulyeit to summond the spulyeouris .... befoir the lordis .... Ana 
rychtswa to haue power to call the said spulyeour befoir the schiref And that ther 
salbe na exceptiouue dilatour admittit agane that summoudis It beand lauchtfully 
Indorsate 

[In part rep,, 6 Ed, 7 c. 38 {S,LR.y] 



CAP. 21. 

[1503, cap. 76.] 

Of airis and executouris persewit for dettis of thair faderis or forbearis. 

Item Anent the exceptioune proponit be heretaris quhene thai ar persewit for dettis 
of thair faderis or forbearis to quhom thai succeid allegeand that thair faderis mouabill 

fudis suld pay thair dettis And that the executouris suld be callit thairfor befor thame 
t is auisit statute and ordanit that It salbe lefull to the creditour to follow the air 
eftir the bypassing of ane yeir Because the executouris suld be responsale for ane 
yeir At the end of the quhilk he suld geve his compt and gif it plese the air he may 
and suld be diligent and require the ordinar within the said yeir to ask compt and he 
to se the compt and quhat beis fund remanand ouer of the thingis pertenand to thair 
office that he sould require the ordinar that he mycht haif cautioune and souerte for 
the releving of his heretage Insafer as the gudis restis attour the compt And that the 
ordinar sail cause him to haif sufficient cautioun thairof And sa at the end of the yeir 
the air sail ansuere to euerilk creditoure 



CAP. 22. 

[1503, cap. 77.] 



Anent the exceptioun aganis wedowis perse wand thair brevis 
of terce that thai war not lauchfull wiffis 

Item It is statute and ordanit as anent the exceptioun proponit aganis wedowis 
persewand and followand thair breuis of terce or the proffitis of thair tercis quhilk is 
oftymes proponit aganis thai wedowis that thai war nocht lauchtfull wiffis to the 
personis thair husband is be quham thai follow thair said terce That thairfor quhair 
the matrimone was nocht accusit in thair lyvetymes that the woman askand this terce 
beand repute and haldiu as his lauchtfull wife in his lyfe tyme salbe tercit and brouke 
hir terce but ony Impediment or exceptioune to be proponit aganis hir ay and quhill 
It be cleirly decernit and sentence gevin that scho was nocht his lauchtfull wife and 
that scho suld nocht have ane lauchtfull terce thairfoir 



CAP. 45. 

[1503, cap. 98.] 
Anent the distrenyeing of oxin hors or othir gudis pertening to the pleucht 

Item It is statute and ordanit that in tyme tocum na manner of schiref nor officiare 
pund nor distrenye the oxin horse nor othir gudis pertening to the pleucht and that 
faboris the grond the tyme of the lauboring of the sammyne quhair ony othir gudis or 
land are to be apprisit or pondit accordin to the commoun law 

9 



C. 2.] James K 1532. 



ACTA PARLIAMENTORUM KEGIS JACOBI QUINTL 



PARLIAMENT AT EDINBURGH, 13th may 1532. 

CAP. 2. 

[1537, cap. 36-41.] 

Ck)NC£RNiNG the ordour of Justice and the institutioun of ane college of cuiniing 

and wise men for the administracioun of Justice 

Item Anent the Secund artikle concerning the ordoure of Justice Becaus our son crane 
Is maist desyrous to haue ane permanent ordoure of Justice for the vniuersalc wele 
of all his liegis and thairfor tendis to Institute ane college of cunning and wise men 

.... for the doing and administracioune of Justice In all ciuile actiouns and thair- 
for thinkis to be chosin certane persounes maist convenient and qualifyit thairfore 

.... with ane president The quhilkis persouns sail be auctorizat .... to silt and 
decyde apoun all actiouns ciuile .... And thir persounes to be sworne to minister 
Justice equaly to all persouns in sic causis as sail happin tocum before thaim with sic 
vthir rewlis and statutis as sail pleise the kingis grace to mak and geif to tbaim for 
ordouring of the samin The thre estatis of this present parliament thinkis this artikle 
wele consauit And thairfor the kingis grace with aviso and consent of the saidisi thre 
estatis ordanis the samin to haue effect In all punctis and now ratifyis and coufcrmes 
the samin And has chosin . . persounes .... to the effect forsaid quhais processes 
sentencis and decretis sail haue the samin strenth force and effect as the decrcLis of 
the lordis of sessioune had in all tymes bigane .... 

[In part rep., 6 Ed. 7 c. 38 {S.L.B.).] 



PARLIAMENT AT EDINBURGH, 7th june 1535. 

CAP. 14. 

[1535, cap. 15.] 

The remeid for distructioune of housis places woddis forestis 
orchartis yardis and hanyngis of landis falliu in ward 

Item Because It Is vnproffittable and inutile to mak lawis and statutis for polecy to 
be had without the samyn be kepit and becaus sic ordoure and prouisioune As is deuisit 
for polecy may failye be falling of landis in to ward or geving of the samin in coniuuct 
fee or lyfrent Tharefor the kingis grace with avise of nis thre Estatis ordanis the act 
maid thairupoune be the maist Excellent prince king James the ferd his fader of maist 
noble mynd to be Obseruit and kepit in all punctis Ratifijs and apprevis the samin 
And that all schirefiis Stewartis bailies and vthir officiaris baith in Regalite and 
Ryalte and siclike spirituale men within thair landis and to burght putt the samin to 
Executioune in all punctis That Is to say all officiaris within the Ryaltie and lordis of 

10 



C. 14.] Jam€& V. 1535. 

Regalites vnder the pane of Refounding to the heretouris of sick landis fallin in ward 
at thair parfite aige of all dampiiage and 8caith that thai sail happin to Sustene throw 
thair negligence thai being requirit thairto be the persoun that Is in ward or his 
frenndis And gif the wardatouris of sic landis ladyis of conjunct fee or lyfrent Refusis 
to find souirtie conforme to the said act thai beand Requirit thairto be the schireff 
Stewart bailie provest or alderman in burght That the said schireff and officiaris 
Ilkman within his awine boundis charge thame to find the said souirte conforme to 
the said act personalie Or be oppin proclamatioune at the heid burght of the schire 
quhare the saidis landis lyis within xxj dais nixt efter thai be chargit thairto vnder 
the pane of wanting of the proffett of all sik ward landis coniunctfee or lifrentis To 
be Inbrocht to the kingis use Ay and quhill the said cautioune be sufficientlie findin 
And that the lordis auditouris of chekker and thesaurar for the tyme Inquire 
diligentlie in euery chekker at all schireffis and vthiris officiaris forsaid at the making 
of thair comptis gif ye said cautioune be sufficientlie fundin and gett certificatioune 
thairof 



CAP. 38. 
[1535, cap, 32.] 



Interpretatioun of the lawis tuiching the rychtis of superiouris to the males and 
dewiteis of the landis of thaim that hes bene yeir and day at the borne 

The quhilk day In the mater Referrit be the lordis of Sessioune to the Lordis thre 
estatis of parliament for Interpretatioune of certane lawis of the realme schewin and 
producit befor the saidis lordis of Sessioune In ane actiouue movit befor thaim and 
yit dependand be James kennedy of blarquhan aganis thomas m^Hslellane of gilestoune 
for the males and dewittis of the landis of casteil cruke and killemanocht with the 
pertinentis Hand within the schirefdome of wigtoune pertenyng to the said thomas In 
heretage haldiu of the said James immediatlie in chefe and throw his being at the 
home attour yere and day the males and dewiteis of the saidis landis be the lawis of 
the Realme pertenis and suld pertene to the said James for the said thomas lyftyme 
And because the saidis lawis war variante in thair selfis and thairfor war Referrit to 
the Interpretatioune of the estatis of parliament gif the samin concernis simple 
slauchter or nocht and suld haue place in that mater or nocht As at mare lenth Is 
contenit in the act maid thairupoune of the dait At Edinburgh the ferd day of marche 
the yeir of god mdxxxiiij yeris Baith the saidis partiis beand personally present with 
thair procuratouris and forespekaris the saidis lawis and vthiris thair Resonis and 
allegationis being hard sene and understand the lordis of the articlis being Riplie 
avisit thairwith ffiudis that the vse in tymes bigane hes bene that the males and 
dewiteis of the landis of thaim that hes bene yeir and day at the home haldin of vthir 
superiouris than the kingis grace yeir and day being past Retumit agane to the 
superiouris of the saidis landis for the lyftyme of thaim that susteuit sik process of 
horayng yeir and day as said Is Except Urymes of tresoune and lese maieste And 
findis that the saidis lawis suld be sa luterprete and vsit in tymes cuming 



PARLIAMENT AT EDINBURGH, 3kd December 1540. 

CAP. 10. 

[1540, cap. 75.] 

The ordour of summoning of all personis In ciuil actiounes 

Item For eschewing of grett Inconvenientis and fraude done to our souerane lordis 
liegis be Summoning of thame at thare duelling places And oft tymes falslie and 

11 



C. 10.] Javus V, 1540. 

gettis neuer knawlege thairof It is statute and ordanit that In tymes cuming quhare 
ony officiar or schireff in that part passis at the command of The kitigis lettrez or the 
schireffis stewards barone or balyeis precept to Summond ony party geif thai can 
nocht apprehend thame personalie thai sail pass to the yett or durr of the principale 
duelling place quhare the persoune to be Summond duellis and has thair actuate 
residence for the tyme and thare sail desire to half Enteres quhilk gif It be grantit 
thai sail first schaw the cause of thare cuming And gif thai can nocht gett the party 
personalie thai sail schaw thair lettres or precept befor the seruandis of the house or 
vther famouse witiiesse and sail execute thair offices and charge and thairoftir sail 
offir the copy of the saidis lettrez or precept to ony of the servandis quhilk gif thai 
refuse to do that thai affix the samin vpoune the yett or dure of the personis 
Summondit And siclik gif thai gett na Entires thai first knokand at the dure vj 
knokis thai sail execute thair office befor famouse witnesse at the said house and 
duelling place and affixt the copy vpoune the yett or dure thairof as said Is quhilk 
sail be lauchtfull and sufficient Summoning and deliuering of copy And the party nor 
officiar sail nocht be haldin to gif ony vthir copy hot at thair awin plesour And euery 
officiar In his indorsatioune sail mak mentioune of his executioune In maner forsaid 
And the party at quhais instance the lettre or precept Is direct sail pay to the officiar 
executour the expense of the copy affixt As said Is And salbe taxt and gevin agane 
to him at the geving of the dccrete or sentence gif he happinnis to optene And gif 
the officiar beis fundin culpable in the executioune of his office he salbe put In our 
souerano lordis prisoune and punist In his persoune and gudis at the kingis grace will 



PAULIAMENT AT EDINBURGH, Utii march 1540. 

CAP. 10. 

[1540, cap. 93.] 

Ratificatioune of the Institutioune of the college of iustice 

The kingis grace with avise of his thre estatis of parliatnent vnderstanding that the 
Institutioune of his college of Justice and actis maid thairupoune are rycht proffitable 
to his grace and all the haill realme And thairfor now eftir his parfite aige of xxv yeris 
has ratifyit and apprevit Eatifyis and apprevis for him and his successouris the 
institutioune of the said college of Justice and actis maid for administratioiine of 
Justice thairin .... And will and ordanis for the causses forsaid That the said 
college and Institutioune thairof remane perpetualie for the administratioune of 
Justice to all the liegis of this realme And to be houowrit siclik as ony vthir college 
of Justice In vthir realmis And attour gevis and grantis to the president vicepresident 
and senatouris power to mak sic actis statu tis and ordinancis as thai sail think 
expedient for ordouriiig of processes and haisty expeditioune of Justice And in 
absence of president and vicepresident Will that the eldest in ordour of the saidis 
senatouris be president for the tyme to the effect that thair be na stop of iustice ony 
tyme throw absence of the saidis president and vicepresident 

[In part rep,, 6 Ed. 7 c. 38 (S.L.R.).] 



CAP. 22. 

[1540, cap. 104.] 

The pauis Imput to wrangous Jugis 

Item It is Statute and Ordanit that fforsamekle as It hes bene hevelie murmurrit To 
oure souerane lord That his lieges hes bene gretlie hurt in tymes bigano be Jugis 

12 



a 22.] James V. 1540. 

baith spirituale and temporale Quha hes nocht bene alanerlie Jugis bot plane solistaris 
partiale counsalouris assistaris and part takaris with sum of the partijs and hes tane 
grete geir And proffitt therefor IT IS Statute and ordanit in tymes cuming That all 
Justices schireffis lordis of Sessioune bailies of regaliteis provest and bailies of buiTowis 
and thair deputis and all vtheris Jugis spirituale and temporale Als weill within 
regaliteis as rialtie sail do trew and equale Justice To all oure souerane lordis liegis 
without ony partiale Counsale rewardis or buddis taking forther than Is promittit of 
the law vnder the pane of tinsale of thair honour fame and dignitie giff thai be tentit 
and convictit of the samyn And gifif ony maner of persoune murmuris ony Juge 
temporale or spirituale als weill lordis of the sessioune as vtheris and previs nocht 
the samin sufficientlie he salbe pvnist in semblable maner and sort As the said Juge 
or persoune quham he murmuris And sail pay ane payne arbitrale at the will of the 
kingis grace or his counsale for the Infamyng of sic personis Provyding alwayis geif 
ane spirituale man failyeis That he be callit befor his Juge Ordinar 



CAP. 23. 

[1540, cap, 105.] 

Provisioune and panis of thame committand fraud in Alienatioun or vthirwyis 

Item For eschewing of inconuenientis that oft and diuorse tymes happiuis In this realme 
of the new Inuentit craft and falsett committit and done dalie be thame that sellis 
thare landis or disponis the samin ex titulo oneroso That puttis thair barnis or vther 
frennd and persoune in stait of the samin before the dait of the selling or geving 
thairof to vtheris as said Is HEREFOKE It Is statute and Ordanit that quha sellis 
And disponis ony landis or annuell rentis To ony maner of persoune for ony cause 
quhair warrandice may fall and puttis vtheris in private stait thairof nocht be resigna- 
tioune in the kingis graces handis nor be confirmatioune with precept past furth of 
the chancelarie nor be plane Eesignatioune in the ouerlordis handis or confirmatioune 
of the ouer lord And the persoune that happynnis to gett thir landis and broukis the 
samin peceablie yeir and day be labouring manuring and vptaking of the malis prof- 
fittis and dewiteis and sa kennyt horetable possessour thairof yeir and day The 
persoune or personis havand privait stait and saising of the saidis landis sail neuer 
be hard to clame the samin Aganis the secund heretable possessour for ony cause bot 
to persew his Interess aganis the principale gevar and his airis And the persoune 
sellar or gevar tobe callit and declarit infayme at the kingis graces instance and Tobe 
pvnist in his persoune and gudis at the kingis grace will and plesour And gif the 
ouerlordis ressauis dowble resignationis wittandlie to the effect abone writtin thai to 
be pvnist siclik And this act to be extendit to thame that makis dowble assedationis 
and dowble assignationis 



CAP. 37. 

[1540, cap. 117.] 



That na faith be gevin to euidentis solit without subscripcioun 

be the principale or notare 

Item It is statute and Ordanit that becaus mennys selis may of aventure be tint 
quhairthrow grett hurt may be generit to thaimo that aw the samin And that mennis 
selis may be fenyeit or putt to writtingis eftir thair deceise in hurt and preiudice of 
our souerane lordis liegis That therefor na faith be gevin in tyme cuming to ony 
obligatioune band or vther writting vnder ane sele without subscriptioune of him 
that aw the samin and witnesse Or ellis gif the party can nocht write with the sub- 
scriptioune of ane notar thairto 

13 



C. 41.] James V. 1540. 

CAP. 41. 

[Not in l2mo. edition,'] 

That na legat be ressauit in this realme 

Item It is statute And Ordanit be the thre estatis of this present parliament that na 
legat nor legatioune be ressauit in this realme bot be avise of our souerane lord And 
vnderstandin be thame for the commoune weill of the samin conforme to the auld 
actis of parliament maid Thairvpoune of befor 



14 



C. 11.] Mary, 1551. 



ACTA PARLIAMENTORUM MARI^ REGIN^. 



PARLIAMENT AT EDINBURGH, 1st February 1551. ^ 

CAP. 11. 

[1551, cap, 19.] 

Anbnt thame that maryis twa sindrie wyfis or husbandis levand togiddir undevorsit 

Item It is statute and ordanit that quhatsumeuer persoun maryis twa sindrie wyfis 
or woman maryis twa sindrie husbandis leuand togidder vndeuorsit lauchfuUie eon- 
trare the aith and promeis maid at the solempnizatioun and eonti-acting of the 
matrimonie and swa ar of the Law periure and infame Thairfoir that the panis of 
periuring be execute vpone thame with all rigour That is to say confiscatioun of all 
thair gudis mouabill warding of thair persounis for yeir and day and langar induring 
the Quenis will and as infame persounis neuer habill to bruke office honour dignitie 
nor benefice in tyme tocum 

PARLIAMENT AT EDINBURGH, 20th june 1555. 

CAP. 3. 

[1555, cop. 30.] 

Anent warning fra redemit landis and the pane for non removing 

Item In lykewyse It is statute and ordanit that gif ony persounis hauand rycht be 
reuersioun to redeme landis or vther possessiounis makis or causis mak lauchfuU 
warning to all parteis fra quhome the saidis landis or vther possessiounis aucht and 
sould be redemit to compeir at ane certane day in the place nemmit in the said 
reuersioun for ressaifing of the sowmes of money and takkis gif ony be specifeit thairin 
and at the day warnit fulfilling all thingis as accordis conforme to the reuersioun for 
his part gif the parteis warnit as said is compeiris and refusis to grant the saidis landis 
or possessiounis lauchfullie redemit or absentis thame selfis ^f thair be na takkis to 
rin efter the redemptioun of the landis or possessiounis or the takkis being run out 
the haifar of the rycht to the reuersioun causand lauchfuU warning to be maid to the 
parteis foirsaidis and all vthers occupyaris befoir ony witsonday terme efter the 
redemptioun to fiit and remoue fra the saidis landis and possessiounis the redemptioun 
in maner abone specifeit being fundin lauchfuU and the landis be vertew thairof 
decernit lauchfullie redemit In that caice the parteis quha sould haue grantit the 
redemptioun of the saidis landis refusit and absentit salbe callit as violent possessouris 
thairof fra the terme of witsonday befoir the quhilk lauchfuU warning was maid to 
remoue as said is siclyke as the landis and possessiounis had bene grantit lauchfullie 
redemit the day of the redemptioun 



CAP. 6. 

[1555, cap. 33.] 

The ordour for summoning of parteis to compeir befoir the Justice or uthers jugeis 

Item It is statute and ordanit that ony persoun summound to compeir befoir the 
Justice his Deputis or vthers jugeis within this Realme hauand powar of Justiciarie 

15 



C. 6.] Mary. 1555. 

in criminall causis the copie of the saidis letters or precept quhairby he is summound 
salbe deliuerit to him gif he can be personaUie apprehendit and failyeing thairof salbe 
deliuerit to his wyfe or seruandis or affixt vpone the yet of his dwelling place gif 
he ony hes .... 

[Injpart rep,, 6 Ed. 7 c. 38 (&L.2?.).] 



CAP. 8. 

[1555, cap. 35.] 

Anent the ordour for geving of curatouris to minouris 

Item Because it is understand that be the geuing of curatouris to minoui-is be sindrie 
Jueeis thair hes bene gret skaith sustenit be the saidis minouris Thairfoir it is statute 
and ordanit that in all tymes cumming quhen ony minor passis the yeiris of his tutorie 
and desyris curatouris That he cum befoir his Juge Orainar and desyre of him ane 
Bummoundis or edict to warne twa at the leist of the maist honest and famous of the 
minouris kin and all vthers hauand interes quhilk salbe warnit lauchfuUie That is to 
say the speciall persounis personallie or at thair dwelling placis geuand ane copie to 
thair wyfis or seruandis or affixand it on thair yettis or duris and vthers haifand 
interes generallie at the mercat croce of the heid Burgh of the Schire quhair the 
saidis minouris hes thair landis or gudis to compeir at ane certane day vpone ix dayis 
warning at the leist to heir and see the curatouris desyrit be the said minour to be 
geuin to him vnto his perfite age of xxj yeiris and cautioun fundin de fideli administra- 
tione quhilkis beand geuin in maner foirsaid thay sail not be reuokit nor dischargeit 
nor vthers chosin to the minour vnto the tyme thay be callit befoir the Lordis of 
counsall or vthers Jugeis Ordinar at the will of the barne to heir and see thame dis- 
chargeit and reuokit for ressonabill causis Quhilkis being fundin of veritie thay than 
to be dischargeit and vthers curatouris geuin in thair placis be the ordour foirsaid 
with cautioun and na vtherwyse 



CAP. 12. 
[1555, cap. 39.] 



Anent the maner of the warning of tennentis to flit and remove fra 
landis mylnis fischingis and possessiounis quhatsumever 

Item It is statute and ordanit that in all tymes cumming the warning of all tennentis 
and vthers to flit and remoue fra landis mylnis fischingis and possessiounis quhat- 
sumeuer salbe vsit in maner following That is to say lauchfull warning being maid 
ony tyme within the yeir xl dayis befoir the Feist of witsonday outher personallie 
or at thair dwelling placis and at the ground of the landis and ane copie deliuerit to 
the wyfe or seruandis and failyeing thairof to be affixit vpone the yettis or duris of 
the dwelling placis of the saidis landis gif ony be and thairefter the samin precept of 
warning to be red in the paroche Kirk quhair the landis lyis vpone ane Sonday befoir 
nunc the tyme of the hie Messe and ane copie left and affixit vpone the maist patent 
dure of the Kirk xl dayis befoir the terme and na forther laving furth of stressis and 
remowing vpone wednisday to be vsit in tyme tocum And gif the partie warnit in 
maner foirsaid remouis not at the terme in that caice the warnar sail incontinent or 
sa sone as plesis him cum to the Lordis of counsall or to the Schiref of the Schire or 
vthers Jugeis Ordinaris hauand iurisdictioun schawand his precept of warning ordourlie 
execute and indorsat and sal haue letters or precept to charge the parteis warnit and 
possessouris of that ground to compeir befoir the saidis Lordis Schireffis or thair 
Deputis or vthers Jugeis Ordinaris foirsaidis hauand iurisdictioun vpone sax dayis 
warning or langar at -the will and desyre of the persewar to heir and see thame 

16 



0. 12.] Mary. 1555. 

decernit to remoue desist and ceis oonforme to the precept of warning and executioun 
thairof or els to schaw ane ressonabill cause quhy thay sould not do the samin with 
certificatioun to thame and thay failyie that letters salbe direct simpliciter vpone 
tbame in the said mater At the quhilk day gif thay oompeir not the Lordis Schireffis 
or vthers Jueeis Ordinar haaand iurisdictioun sail deoeme thame to remoue desist 
and ceis fra thay landis And ^f thay compeir and instantlie schawis sufficient tytill 
to bruke the landis in that caice the samin Juge to proceid and do Justice as accordis 
of the Law And gif the partie compeiris and schawis na thine bot makis allegeance 
and oflferis him to impreif the indorsingis in that caice he siul not be hard in Juge- 
ment bot gif he find sufficient cautioun to the wamar than instantlie that gif his 
allegeance beine fundin releuant be not sufficientlie verifeit and prouin be him that 
the proffeittis dampnage and interes quhilkis the said wamar or ony vthers hauand 
interes hes sustenit or ndl happin to sustene be the dilay of the foirsaid allegeance be 
refoundit to him And to the eflfect that this ordour may haue sufficient proces in all 
tymes tocum It is deuisit statute and ordanit that all Schireffis and vthers Jugeis 
Ordinar hauand iurisdictioun as said is be thair selfis or thair sufficient Deputis be ready 
to sit be fensit courtis all the lauchfuU xv dayis efter immediatlie the Feist of Trinitie 
Sonday for doing of Justice in the saidis causis in maner abone specifeit And cif the 
Schireffis or Jugeis Ordinaris hauand iurisdictioun in maner foirsaid and thair 
Deputis failyeis to be reddy in granting of preceptis and doing of Justice for obseru- 
ing of this ordour in that caice thay sail pay to the partie thair hail dampnage interes 
and expensis but preiudice of the actioun aganis the violent occupyaris and posses- 
souris foirsaidis And als that na aduocatioun of causis be takin be the Lordis fra the 
Juge Ordinar except it be for deidlie feid or the Schiref principall or the Juge 
Ordinar be partie or the causis of the Lordis of counsall and thair Aduocattis Scribis 
and members 



CAP. 16. 

[1555, cap. 42.] 

Anrnt the ressaving of nuUiteis be way of exceptiounis or replyis 

Item It is statute and ordanit that all nuUiteis be ressaifit and haue proces be way of 
exceptiounis or replvis and all tytillis contractis infeftmentis or vthers thineis quhat- 
sumeuer that ar null of the Law to be declairit in tvme cumming null and of nane 
auale be exceptioun or reply in that samin instance thay ar producit .... 

[In fart rep., 6 Ed. 7 c. 38 {S.L,B.).'\ 



CAP. 25. 

[1555, cap. 51.] 

Anent the executioun of the actis maid for stanching of the slaying of 
wylde foulis and wylde beistis with additioun 

, . . . That na man tak vpone hand to ryde or gang in thair nychtbouris cornis in 
balking or hunting fra the Feist of Pasche vnto the tyme that the samin be schorne 
And that na man ryde nor gang vpone quheit na tyme of the ^eir .... And that 
na persoun range vther mennis woddis parkis haningis within dykis or browmis 
without licence of the awnar of the ground vnder the pane of refoundiment of the 
dampnage and skaith to the parteis vpone quhais cornis thay ^ng or rydis or quhais 
wodais parkis haningis within dykis or browmis thay sail happin to range . • . • 

[In part r&p., 6 Ed. 7 c. 38 {S.L.R.).'] 
8. A. 17 2 



C. 1.] Mary. 1560. 

PAELIAMENT AT EDINBURGH, 1st august 1560. 

CAP. 1. 

[Not in l2mo, edition.'] 

The Confessioun of fayth professed and beleued be the protestantis within the Bealme 
of Scotland publischeit be thame in parliament and be the estaitis thairof ratifeit 
and apprevit as hailsome and sound doctrine groundit vpoune the iufallibill 
trewth of godis word 

Mathbj 24. — And this glaid tydingis of the kin^dome salbe preichit throwch the 
haill warld for a witnes vnto all natiounis and than sail the end cum 

THE estaitis of Scotland with the Inhabitants of the samyn professing Christ Jesus 
his holy evangell To thair naturall cuntrey men and to all vtheris Eealmes and 
Natiounis pro^ssing the samys christ Jesus with thame wische grace mercie and 
peace from God the father of our lord Jesus christ with the spreit of rychteous Juge* 
ment for Salutatioune 

LANG HAVE WE thristit deir brethren to baue notifeit vnto the warld the soume 
of that doctrine quhilk we professe and for the quhilk we haue sustenit infamy and 
dainger Bot sick hes bene the rage of sathan against ws and against christ Jesus his 
eternall veritie laitlie borne amangis ws that to this day na tyme hes bene grantit 
vnto ws to cleir oure consciences as maist glaidlie we wald haue done ffor how we 
haue bene tossit a haill yeir past the maist parte of Ewrope (as we suppoise) dois 
vnderstand Bot seing that of the infinite gudenes of our god (quha neuir sufferethe 
his afflictit vtterlie to be confoundit^ above expectatioun we haue obtenit sum rest 
and libertie we culd not bot sett turth this breve and playne confessioun of sic 
doctrine as is proponit vnto ws and as we belief e and professe pairtlie for satisfactioun 
of our brethren quhais hartis we dout nocht haue bene and yit ar woundit be the 
dispytfull Eaylling of sick as yit haue not leirnit to speik weill And partelie for 
stopping of the mouthis of Impudent blasphemaris quha baldlie oondempne that 
quhilk thaj haue nouther hard nor vnderstand Not that we Juge that the cankerit 
malice of sick is abill to be cureit be this simple confessioun Tsk we knaw that the 
sweit sauour of the evangell Is and salbe deith to the soneis of perditioun Bot we 
haue chief respect to our waik and infirme brethren to quham we wald communicat 
the bottome of our hartis least that thaj be trubillit or careit away be diuersities of 
rumouris quhilk sathan sparseth contrar ws to the defeating of this our maist godlie 
Interpryse Protesting that gif any man will note in this our confessioun any artickle 
or sentence repugning to godis holie word that it wald pleis him of his gentilnes and 
for christeane cheriteis saik to admoneise ws of the samyn in writt And we of our 
honouris and fidelitie do promeis vnto him satisfactioun fra the mowthe of god (that 
is fra his holy scriptureis) or ellis Seformatioun of that quhilk he sail prove to be 
amyss ffor god we taik to record in our conscienceis that fra our hartis we abhoir all 
sectis of heresie and all teicharis of erronious doctrine And that with all humylitie we 
embraice the puritie off Cbristis evangell quhilk is the onlie fude of our saullis and 
therfoir sua precious vnto ws that we ar determinit to suffer the extremitie of warldlie 
dainger rather than that we will suffer our seluis to be defraudit of the same ffor heirof 
we ar maist certainlie persuaidit that quhasoeuer denyis christ Jesus or is aschameit 
of him in presens of men salbe denyit befoir the father and befoir his holie angellis 
And thairfoir be the assistance of the michtie spreitt of the same lord Jesus we firmelie 
purpoise to abyde to the end in the confessioun of this our fayth 

Of God 

WE confess and acknawlege ane onlie god to quham onlie we man cleve quham onlie 
we man serue quham onlie we man wirschip and in quham onlie we man put our 
traist quha is eternall infinite vnmesurabill incomprehensibil omnipotent inuisibill ane 
in substance and yit distinct in thre personis the father the sone and the haly gaist 

18 



C. 1.] Mary. 1560. 

Be qaham we confesa and beleif all thinda in henin and in erth alsweill visibill as 
inuisibill to haue bene creatit to be retenit in thair being and to be rewlit and gydit 
be his inscrutabil prouidence to sic end as his eternall wisdome gudnes and Justice 
hes appointit thame to the manif estatioun of his awin glorie 

Off the creatioun of man 

WE confess and acknawlege this our god to haue creatit man (to wit our first father 
adam) of quham alsso god formit the woman to his awin image and similitude to 
quham he gaif wisdome Tordschip Justice fre will and cleir knawlege of him selff sua 
that in the haill nature of man thare culd be notit na imperfectioun fra quhilk honour 
and perfectioun man and woman did baith fall The woman being dissauit be the 
serpent and man obeying to the voice of the woman baith conspyring aganis the 
souerane majestic of god quha in expressit wordis of befoir haid threatnit deith gif 
thay presumit to eit of the forbodin tre 



Of originall Syn 

BE quhilk transgressioun commounlie callit originall sin was the Image of Gk)d vtterly 
defacit in man and he and his posteritie of nature became enemeis to god slavis to 
sathan and seruandis to sin in sa mekle that deith euerlasting hes had and sail haue 
power and dominion over all that haue not bene ar not or sal nocht be regenerat fra 
above quhilk regeneratioun is wrocht be the power of the halie gaist wirking in the 
hartis of the elect of god ane assureit faith in the promeiss of god reueillit to ws in his 
worde be quhilk faith thay apprehend Christ Jesus with the gracis and benefitis 
promisit in him 

Of the revelatioun of the promeis 

FOR this we constantlie beleif that God efter the feirfull and horribill defectioun of 
man fra his obedience did seik Adam agane call vpon him rebuik his sin conuict him 
for the same and in the end maid vnto him ane maist iovfuU promeiss to witt that the 
seid of the woman sould brek downe the serpentis heid That is he sould distroy the 
warkis of the deuill Quhilk promeis as it was repeitit and maid mair cleir fra tyme to 
tyme Sua was it embraceit with Joy and maist constantlie retenit of all the faithfull 
from Adam to Noe frae Noe to Abraham fra Abraham to Dauid and swa furth to the 
incarnatioun of Christ Jesus quha all (we mene the faithfull fatheris vnder the law) 
did se the Joyfull dayis of Christ Jesus and did reioyss 

The continwance increas and preservatioun of the Kirk 

WE maist constantlie beleif that God preseruit instructit multipleit honorit decorit 
and fra deith callit to lyfe his Kirk in all ageis fra Adam till the cuming of Christ 
Jesus in the flesche ffor Abraham he callit fra his fatheris cuntrie him he instructit 
his seid he multipleit the same he mervalouslie preseruit and mair meruelouslie 
deliuerit fra the bondage and tyrannie of Pharao To thame he gaif his lawis constitu- 
tiounis and ceremoneis Thame he possessit in the land of Canaan To thame efter 
Jugeis and efter Saule he gaif Dauid to be kyng To quham he maid promeiss that of 
the frute of his loynis sould ane sitt for euer vpoun his regall saitt To this same peple 
fra tyme to tyme he send Propheitis to reduce them to the rycht way of thair God 
fra the quhilk oftin tymes thay declynit be Idolatrie And albeit for their stubburne 
contempt of Justice he was compellit to gif thame in the handis of thair enemeis as 
befoir was threatnit be the mouth of Movses in sa mekill that the haly citie was 
distroyit the Temple brynt with fyre and the haill land left desolat the space of 
sevintie yeiris yit of mercy did he reduce thame agane to Jerusalem quhair the citie 
and tempill war reedifeit and thay aganis all temptatiounis and assaultis of Sathan 
did abyde till the Messiah came according to the promeiss 

19 



0. 1.] Mary. 1560. 

Off the incarnatioun of Chryst Jesus 

QUHAN the fulnes of tyme came God send his Sone his efcernall wisdome the sub- 
stance of his awin glorie in this warlde quha tuik the nature of manheid of the sub- 
stance of a woman to witt of a Virgine and that be the operation of the halie Gaist 
and sa was borne the iust seid of Dauid the Angell of the greit counsell of G^ the 
verray Messias promesit quham we acknawlege and confess Emauuell verray God and 
verray man twa perfyte naturis vnitit and Joynit in ane persone Be quhilk our 
confessioun we dampne the dampnabill and pestilent heresyis of Arrius Marcion 
Eutiches Nestorius and sic vtheris as outher deny the eternitie of his Godheid or the 
veritie of his humane nature or confound thame or yit devide thame 

QuHY it behovit the mediator to be verray God and verray man 

WE acknawlege and confess that this maist wonderous coniunctioun betuix the 
Godheid and the manheid in Christ Jesus did proceid fra the eternall and immutabill 
decre of Qod quhence alssua our saluatioun springis and dependis 

Electioun • 

FOR that samyn eternall God and father quha of meir mercy electit ws in Christ 
Jesus his sone befoir the fundatioun of the warld was laid appointit him to be oure 
heid our brother our pastor and greit Biscope of our saulis Bot becaus that the 
enimitie betuix the Justice of God and our synnis was sick that na flesche be it self 
could or mycht haue attenit vnto God It behovit that the sone of God sould discend 
vnto ws and tak himself ane body of our body flesche of our flesche and baneis of our 
baneis And sua became the perfyte mediatour betuix God and man Geuin^ power to 
sa mony as beleif in him to be the sonis of God as himself dois witness I pas vp to 
my father and vnto your father to my God and vnto youre God Be quhilk maist halie 
fraternitie quhatsaeuer we haue tint in Adam is restoirit to ws agane And for this 
cause ar we not affrayit to call God oure father Not samekill in that he hes creatit ws 
(quhilk we haue commoun with the reprobat) as for that he hes geuin to ws his onlie 
sone to be our brother and geuin vnto ws grace to acknawlege and embrace him for 
our onlie mediatour as befoir is said It behuifit farther the Messias and redemer to 
be verray God and verray man becaus he was to vnderly the punischement dew for 
our transgressiounis and to present him self in the presence of his fatheris Jugement 
as in oure persone to suffer for our transgressioun and inobedience be deith to ouercum 
him that was author of deith Bot becaus the onlie Godheid could not sufler deith 
nouther yit could the onlie manheid ouercum the same he Joynit baith togidder in 
ane persone that the imbecilitie of the ane sould suffer and be subiect to deith (quhilk 
we had deseruit) and the Infinite and Inuincibill power of the vther to wit of the 
Grodheid sould tryvmphe and purchess till ws lyfe libertie and perpetuall victorie and 
sa we confess ana maist vndoutitlie beleif 

Chrystis death passioun buriall &c 

THAT our Lord Jesus chryst offerit him self ane voluntarie sacrifice vnto his Father 
for ws that he sufferit contradictioun of synnaris that he was woundit and plaguit for 
our transgressiounis that he being the clene and Innocent Iamb of God was dampnit 
in the presence of ane erthlie Juge that we mycht be absoluit befoir the tribunall sait 
of our God That he sufferit not onlie the cruell deith of the croce (quhilk was accursit 
be the sentence of God) bot alswa that he sufferit for a sesouu the wraith of his father 
quhilk synnaris had deseruit Bot yit we awow that he remanit the onlie weilbelouit 
and blissit sone of his father euin in the middis of his anguische and torment quhilk 
he sufferit in body and saul to mak the full satisfactioun for the synnis of his peple 
Efter the quhilk we confess and avow that thair remanis na vther sacrifice for sinnis 
quhilk gif any affirme we na thing dowt to avow that thay ar blasphemaris against 
Christis deith and the euerlasting purgatioun and satisfactioun purchessit till ws be 
the samyn 

^ 20 



C.^l.] Mary. 1660, 

Kksurreotioun 

WE vndoutitlie beleif that in sa mekill as it was impossibill that the dolouris of deith 
sould reteine in bondage the author of lyfe That our Lord Jesus chryst crucifeit deid 
and buryit quha discendit into hell did ryise agane for our Justificatioun and distroying 
of him quha was the author of deith brocht lyfe agane to vs that wer subiect to deith 
and to the bondage of the same We knaw that his resurectioun was eonfirmit be the 
testimonie of his verray onemeis Be the resurrectioun of the deid quhais sepulturis 
did oppin and thay did aryse and apperit to mony within the citie of Jerusalem It 
was alswa eonfirmit be the testimonie of his Angellis and be the senses and Juge- 
mentis of his Apostleis and of vtheris quha had conuersatioun and did eit and drink 
with him efter his resurrectioun 

ASCENSIOUN 

WE nathing dowt bot that the selff samyn body quhilk was borne of the virgine was 
crucifeit deid and bureit and quhilk did ryse agane did ascend into the heuinnis for 
the accomplischement of all thingis quhar in our namies and for oure confort he hes 
ressauit all power in heuin and in eird quhair he sittis at the rycht hand of the father 
inaugurate in his kiugdome aduocate and onlie mediatour for ws quhilk glorie honour 
and prerogaiiuo he aliaiue amangis the brethren sail possess till that all his enemyes 
be maid his futstule As that we vndoutitlie beleif thay salbe in the finall Jugement 
to the executioun quhairof we certanlie beleif that the same oure Lord Jesus sail 
visibillie returne as that he was sene to ascend And than we firmlie beleif that the 
tyme of refrescheing and restitutioun of all thingis sail cum Insamekill that thay that 
fra the beginning baue sufferit violence iniurie and wrang for rychteousnes saik sail 
iuhereit that blissit Immortalitie promesit fra the beginning !Dot contrarywise the 
stubburne iuobedient cruell oppressouris fylthie personis adulteraris and all sortis of 
vnfaithfull salbe cast in the dungeon of vtter darknes quhair thair worme sail not die 
nouther yit thair fyre salbe extinguischeit The remembrance of the quhilk day and of 
the Jugement to be executit in the same is not onlie to vs ane brydill quhairby oure 
carnall lustis ar refranit bot alswa sic inestimabill confort that nouther may the 
threatning of warldlie princeis nouther yit the feir of temporall deith and present 
danger move vs to renunce and forsaik that blissit societie quhilk we the memberis 
haue with our heid and onlie mediatour Christ Jesus quhome we confess and awow to 
be the Messyas promesit the onlie heid of his kirk oure Just lawgevar our onlie hie 
Preist aduocat and mediatour In quhilk honouris and offices gif man or angell presume 
to intruse thame selfis we vtterlie detest and abhore thame as blasphemous to oure 
souerane and supreame gouernour Christ Jesus 

Faith in the haly Gaist 

THIS our faith and the assurance of the same procedis not fra flesche and blude that 
is to say fra na naturall poweris within ws bot is the inspiratioun of the haly gaist 
quhome we confess god equall with the father and with the Sone quha sanctifyis ws 
and bringis ws in all veritie be his awin operatioun without quhome we sould remane 
for euer ejiemeis to god and ignorant of his sone Christ Jesus ffor of nature we ar sa 
deid sa blind and sa peruerst that nouther can we feill quhan we are prickit se the 
lycht quhan it schynes nor assent to the will of God quhan it is reuelit vnles the spreit 
of the lord Jesus quickin that quhilk is deid remoue the darknes fra our myndis and 
bow our stubburne hartis to the obedience of his blissit will And sa as we confess that 
god the father creatit ws quhan we war not as his sone our lord Jesus redemit ws 
quhan we war ennemeis to him sa alswa do we confess that the haly gaist dois sanctifie 
and regenerat ws without all respect of ony merite proceding fra ws be it befoir or be 
it efter our regeneratioun To speik this ane thing yit in mair plaine wordis as we 
willinglie spoyle our selfis of all honour and gloir of our awin creatioun and redemp- 
tioun sa do we alswa of our regeneratioun and sanctificatioun ffor of our selfis we ar 
not sufficient to think ane gude thocht bot he quha hes begun the gude work in ws is 
onlie he that continewis ws in the same to the praise and glorie of his vndeseruit 

grace 

21 



0/1.] Mary. 1560. 

The cause of gude warkis 

SA that the cause of gude warkis we confess to be not our fre will bot the spreit of 
the lord Jesus quha dwelling in our hartis be trew faith bringis furth sic gude warkis 
as god has preparit for ws to walk into ffor this we maist bauldlie affirme that 
blasphemie it is to say that Christ Jesus ab^dis in the hartis of sic as in quhame thair 
is na spreit of sanctificatioun And thairfoir we feir not to affirme that murtheraris 
oppressouris cruell persecutaris adulteraris hure mungaris fylthie persouis Idolateris 
drunkardis theuis and all wirkaris of iniquitie haue nouther trew faith nouther ony 
portioun of the spreit of sanctificatioun quhilk proceidethe fra the lord Jesus sa lang 
as thay obstinatlie continew iu thair wickitnes ffor how sone that euer the spreit of 
the Lord Jesus (quhilk Goddis elect children ressaif be trew fayth) takis possessioun 
in the hart of ony man sa sone dois he regenerat and renew the same man Sa that he 
beginnis to hait that quhilk befoir he luifit and beginnis to luif that quhilk befoir he 
hatit And fra thine cumis that continewall battell quhilk is betuix the flesche and the 
spreit iu goddis children whill the flesche and naturall man (according to the awin 
corruptioun) lustis for thingis plesing and delectabill vnto the self grudgeis in 
aduersitie is liftit vp in prosperitie and at euerie moment is prone and reddy to offend 
the Maiestie of god Bot the spreit of god quhilk geuis witnessing till our spreit that 
we ar the sonis of god makis vs to resist the dewill to abhorr fylthie plesouris to 
graine in goddis presence for deliuerance fra this bondage of corruptioun and finallie 
to triumphe ouer syne that it regne not in our mortall bodyis This battell hes not the 
carnall men being destitut of Goddis spreit bot dois follow and obey syne with 
gredines and without repentance euin as the deuill and thair corrupt lustis do prick 
thame Bot the sonis of God (as befoir was said) dois fecht aganis syne dois sobb and 
murne quhan thay perceave thame selfis temptit to iniquite and gif thay fall thay 
ryse agane with ernist and vnfenyeit repentance And thir thingis thay do not be 
thair awin power bot be the power of the lord Jesus without quhome thay wer habill 
to do nathing 

QuHAT warkis ar reputit gude befoir Gk)d 

WE confess and acknawlege that god hes geuin to man his haly law in quhilk not 
onlie ar forbiddin all sic warkis as displeise and offend his godlie maiestie bot alswa 
ar commandit all sic as pleise him and as he hes promysit to rewaird And thir warkis 
be of twa sortis The ane ar done to the honour of god the vther to the profite of our 
nychtbouris and baith haue the reueillit will of God for thair assurance To haue ane 
God to wirschip and honour him to call vpon him in all our troublis reuerence his 
haly name to heir his word to beleif the same to communicate with his haly sacra- 
mentis ar the warkis of the first tabill To honour father mother princes rewlaris and 
superiour powaris to luif thame to supporte thame ye to obey thair chargeis (not 
repugning to the commandement of God) to saif the lines of innocentis to repress 
tyrannic to defend the oppressit to keip our bodyis cleine and haly to line in sobernes 
and temperance to deall Justlie with all men baith in worde and deid and fynallie to 
repress all appetyte of our nychtbouris hurt ar the gude warkis of the secund tabill 
quhilk ar maist plesing and acceptabill vnto god as thir warkis that ar commandit be 
him self The contrarie quhairof is syne maist odious quhilk alwayis displesis him and 
prouokis him to anger As not to call vpon him allaine quhan we haue neid not till 
heir his word with reuerence to contempne and despyse it to haue or to wirschip 
Idolis to manteine and defend Idolatrie lychtlie to esteime the reuerent name of god 
to prophaine abuse or contempne the sacramentis of Christ Jesus to disobey or resist 
ony that god hes placit in authoritie (quhill thay pas not ouer the boundis of thair 
office) to murther or to consent thairto to beir hatrent or to suffer innocent blude to 
be sched gif we may withstand it And fynallie the trans^essioun of ony vther com- 
mandement in the first or secund tabill we confess and affirme to be syne by the 
quhilk goddis hait displesoure is kendlit aganis the proude and vnthankfull warld 
Sa that gude warkis we affirme to be thir onlie that ar done in faith and at goddis 
commandement quha in his law hes expressit quhat the thingis be that pleise him 
And euill warkis we affirme not onlie thir that ar expressitUe done aganis goddis 

22 



C. 1.] Mary. 1560. 

commandement bot thir alswa that iu materis of Eeligioun and wirschippiDg of Ood 
hes na vther assurance bot the iDuentioun and opinioun of man quhilk god fra the 
beginning hes euer reiectit as be the propheit Esay and be our maister Christ Jesus 
we are taucht iu thir wordis In vaine do thay wirschip me teicheing the doctrinis 
the preceptis of men 

The perfectioun of the Law and imperfectioun of man 

THE Law of God we confess and acknawlege maist Just maist equall maist haly and 
maist perfyte commanding thir thingis quhilk being wrocht in perfectioun wer habill 
to gif lyfe and habill to bring man to eternall felicitie Bot our nature is sa corrupt 
sa waik and sa vnperfyte that we ar neuer habill to fulfill the warkis of the law in 
perfectioun Yea gif we say we haue na syne euin efter we ar regenerat we dissaif our 
selfis and the veritie of god is not in ws And thairfoir it behuifit vs to apprehend 
Christ Jesus with his Justice and satisfactioun quha is the end and accomplischement 
of the law to all that beleve be quhome we ar set at this libertie that the curss and 
maledictioun of god fall not vpon ws albeit we fulfill not the same in all poinctis ffor 
God the father behalding ws in the body of his sone Christ Jesus acceptis oure 
imperfyte obedience as it wer perfyte and coueris our warkis quhilk ar defylit with 
mony spottis with the Justice of his sone We do not mene that we are so set at 
libertie that we aw na obedience to the law (for that befoir we haue plainly confessit) 
But this we affirme that na man in eird (Christ Jesus onlie except) hes geuin geuis 
or sail giue in work that obedience to the law quhilk the law requyreth Bot quhan 
we haue done all thingis we man fall downe and vnfenyeitlie confess that we ar 
vuprofitabil seruandis And thairfoir quhasaeuer bostis thame selfis of the mentis of 
thair awin warkis or put thair traist iu the warkis of supererogatiouu boist them 
selfis of that quhilk is nocht and put thair traist in dampnabill Idolatrie 

Of the Kirk 

AS we beleif in ane god father sone and haly gaist so do we maist constantly beleif 
that fra the beginning thair hes bene now is and to the end of the warld salbe ane 
Kirk that is to say ane cumpany and multitude of men chosin of God quha rychtly 
wirschip and embrace him be trew fayth in Christ Jesus quha is the onlie heid of the 
same kirk quhilk alswa is the body and spous of Christ Jesus quhilk kirk is catholick 
that is vniuersall because it contenis the elect of all aiges all Kealmis natiounis and 
toungis be thay of the Jewis or be thay of the gentiles quha haue communioun and 
societie with god the father and with his sone Christ Jesus throucht the sanctifica- 
tioun of his holy spreit and thairfoir it is callit the communioun (not of prophaine 
persounis) bot of Sanctis quha as citizenis of the heuinlie Jerusalem haue the fruitioun 
of the maist inestimabill benefitis to wit of ane God ane lord Jesus ane faith and of 
ane Baptisme out of the quhilk Kirk thair is nouther lyfe nor eternall felicitie And 
thairfoir we vtterlie abhorr the blasphemie of thame that affirme that men quhilk 
Hue according to equitie and Justice salbe sauit quhat Keligioun that euer thay haue 
professit ffor as without Christ Jesus thair is nouther lyfe nor saluation sa sail thair 
nane be participant thairof bot sic as the father hes geuin vnto his sone Christ Jesus 
and thay that in time cum vnto him awow his doctrine and beleif into him (we com- 
prehend the children with the faithful parentis) This kirk is inuisibill knawin onlie 
to god quha allaine knawis quhom he hes chosin and comprehendis asweill (as said is) 
the elect that be departit (commounlie callit the kirk triumphant) and thay that yit 
Hue and fecht aganis syne and Sathan as sail Hue heirefter 

Thb immortalitie of the sauHs 

THE elect departit ar in peice and rest fra thair laubouris not that thay sleip and 
cum to a certaine obliuion (as sum fantastickes do affirme) bot that they ar deliuerit 
fra all feir and torment and all temptatioun to quhilk we and all goddis elect ar 
Bubiect in this lyfe and thairfoir do beir the name of the kirk militant As contrary- 

23 



C. 1.] Mary. 1560, 

wise the reprobat and vnfaithfuU departit haue anguische tonnent and paine that can 
not be expresait Sa that nouther ar the ane nor the vther in sic sleip that thay feill 
not Joy or torment as the parabill of Christ Jesus in the 16 of Luik his wordis to 
the theif and thir wordis of the saulis crying vnder the altar lord thow that art 
rychteous and Just how lang sail thow not reuenge our bluid vpon thir that dwellis 
in the eird dois testifie 



Of the notis by the quhilk the trew Kirk is deoemit fra the 
fals and quha salbe iuge of the doctrine 

BECAUSE that Sathan fra the beginning hes laubourit to deck his pestilent syni^og 
with the tytle of the kirk of god and hes inflamit the hartis of cruell murtheraris to 
persecute troubill and molest the trew kirk and memberis thairof as Cain did Abell 
Ismaell Isaak Esau Jacob and the haill preistheid of the Jewis Christ Jesus him self 
and his Apostillis efter him It is ane thing maist requysite that the trew kirk be 
decernit fra the fylthie synagogis be cleir and perfyte notis leist we beine dissauit 
ressaif and embrace to our awin condempnatioun the ane for the vther The notis 
signis and assurit takinis quhairby the immaculat spous of Christ Jesus is knawn fra 
the horribill harlat the kirk malignant we affirme ar nouther antiquitie tytle vsurpit 
lineall discente place appointit nor multitude of men approuin^ ane errour for Cain 
in aige and tytle was preferrit to Abel and Seth Jerusalem had prerogatiue abone all 
places of the eird quhair alswa wer the preistis liniallie discendit fra Aaron and 
greiter number foUowit the scribes phariseis and priestis than vnfeuyeitlie beleuit 
and approuit Christ Jesus and his doctrine and yit (as we suppose) na man of sound 
Jugement will grant that ony of the foimamit war the kirk of god The notis thairfoir 
of the trew kirk of god we belief confess and awow to be first the trew preiching of 
the worde of god into the quhilk ^od hes reuelit him self vnto vs as the wrytingis 
of the prophetis and apostillis dois dedair Secundly the rycht administratioun of the 
sacramentis of Christ Jesus quhilk man be annexit vnto the worde and promeiss of 
god to seill and confirme the same in our hartis Last ecclesiasticall discipline vpricbtlie 
ministerit as ^oddis worde prescribis quhairby vice is repressit and vertew nurischit 
Quhairsauer than thir former notis ar sene and of ony tyme continew (be the number 
neuer sa few aboue twa or thre) thair without all dout is the trew kirk of Christ quha 
according to his promeiss is in the middis of thame Not that vniuersall of quhilk we 
haue befoir spokin bot particular sic as was in Corinthus Galatia Ephesus and vtheris 
placis in quhilk the ministerie was plantit be Paull and wer of him self namit the 
kirkis of god And sic kirkis we the inhabitantis of the Bealme of Scotland professouris 
of Christ Jesus professis our selfis to haue in our cieteis townis and placis reformit 
for the doctrine taucht in our kirkis is contenit in the written worde of god to wit 
in the buikis of the auld and new testamentis in thay buikis we mene quhilk of the 
ancient haue bene reputit canonicall In the quhilk we afSrme that all thingis necessarie 
to be beluit for the saluatioun of mankynde is sufficientlie expressit The interpretatioun 
quhairof we confess nouther appertenis to priuate nor publict persoun nouther yit to 
ony kirk for ony preeminence or prerogatiue personalle or localle quhilk ane hes abone 
ane vther bot appertenis to the spreit of god be the quhilk alswa the scripture wes 
written Quhan contrauersie than happinnis for the rycht vnderstanding of ony place 
or sentence of Scripture or for the reformatioun of ony abuse within the kirk of ^od 
we aucht not sa mekle to luik quhat men befoir ws haue said or done as vnto that 
quhilk the haly gaist vniformly speikis within the body of the scripturis and vnto 
that quhilk Christ Jesus him self did and commandit to be done fifor this is ane thing 
vniversallie grantit that the spreit of god quhilk is the spreit of vnitie is in nathing 
contrarious vnto him self sif than the interpretatioun determinatioun or sentence of 
ony doctor kirk or counsali repugne to the plaine worde of god written in ony vther 
place of the scripture It is a thing maist certaine that thair is not the trew vnder- 
standing and mening of the haly gaist althocht that counsallis realmes and natiounis 
haue approued and ressauit the same for we dar not ressaue nor admit ony interpreta- 
tioun quhilk repugnis to ony principall ^int of our faith or to ony vther plaine text 
of Scripture or yit vnto the reule of cheritie 

24 



C. 1.] Mary. 1560. 

The authoritie of the Scripturis 

AS we beleae and eonfess the scripturis of god sufficient to instruct and mak the man 
of god perfyte so do we affirme and awow the authoritie of the same to be of god and 
nouther to depend on men nor angellis we affirme thairfoir that sic as allege the 
scripture to haue na vther authoritie hot that quhilk it hes ressauit from the kirk to 
be blasphemous acanis god and iniurious to the trew kirk quhilk alwayis heiris and 
obeyis the voce of hir awin spous and pastour bot takis not vpon hir to be maistres 
ouer the samin 

Of Generall counsellis of thair power authoritie and cause of thair conuentioun 

AS we do not raschely dampne that quhilk godlie men assemblit togidder in generall 
counsell lauchfuUie ^ulderit haue proponit vuto ws sa without Just examiuatioun 
dar we not ressaue quhatsauer is obtrudit vnto men vnder the name of generall 
counsellis for plane it is as thay wer men sa haue sum of thame manifestlie errit and 
that in materis of greit wecht and importance Sa far than as the counsell preuis the 
determinatioun and commaudement that it gcuis be the plane worde of god sa far do 
we reuerence and embrace the same Bot gif men vnder the name of a counsell pretend 
to forge vnto ws new articlis of our faith or to mak constitutiounis repagning to the 
worde of god than vtterlie we man refuise the same as the doctrine of deuillis quhilk 
drawis our saulis fra the voce of our onlie Ood to follow the doctrines and constitu- 
tionis of men The caus than quhy that generall counsellis conuenit was nouther to 
mak ony perpetuall law quhilk god befoir had not maid nouther yit to forge new 
articklis of our beleif nor to gif the word of God authoritie mekle les to mak that to 
be his word or yit the trew interprecatiouu of the same quhilk was not befoir be his 
haly will ezpressit in his worde bot the cause of counsellis (we mene of sic as merite 
the name of counsellis) was partlie for confutatioun of heresies and for geuing publict 
confessioun of thair faith to the posteritie following quhilk baith thay did be the 
authoritie of goddis writtin worde and not be ony opinioun or prerogatiue that thay 
culd not erre be ressoun of thair generall assemblie And this we Juge to haue bene 
the chief caus of generall counsellis The vther was for gude policie and ordour to be 
constitut and obseruit in the kirk in quhilk (as in the house of Ood) it becumis all 
thingis to be done decentlie and into ordour Not that we think that ane polecie and 
ane ordour in ceremonies can be appointit for all aiges tymes and places for as 
ceremonies (sic as men haue deuysit) ar bot temporall so may and aucht thay to be 
changeit quhan thay rather foster superstitioun than that thay edifie the kirk vsing 
the same 

Of the sacramentis 

AS the fatheris vnder the law besydis the veritie of the sacrificis had twa chief sacra- 
mentis to wit circumcisioun .and the passower the dispyseris and contempnaris quhairof 
war not reputit for goddis peple Sa do we acknawlege and confess that we now in the 
tyme of the Euangell haue twa cheif Sacramentis onlie institut be the Lord Jesus and 
commandit to be vsit of all thay that will be reputit memberis of his body To wit 
baptisme and the supper or table of the Lord Jesus callit the communion of his body 
and his blude And thir sacramentis (asweill of the auld as of the new testament) war 
institut of God not onlie to mak ane visibill difference betuix his peple and thay that 
war without his leigue bot alswa to exerce the faith of his children and be participa- 
tioun of the same sacramentis to seill in thair hartis the assurance of his promeis and 
of that maist blissit coniuuctioun vnioune and societie quhilk the elect haue with thair 
held Christ Jesus And thus we vtterlie dampne the vanitie of those that affirme 
sacramentis to be nathing ellis bot nakit and bair signes Na we assuritlie beleif that 
be Baptisme we ar ingraltit in Christ Jesus to be maid partakaris of his Justice be 
quhilk our sinnis ar couerit and remittit And alswa that in the supper rychtlie vsit 
Christ Jesus is sa Joy nit with ws that he becumis the verray nurischemeut and fude 
of our saulis Not that we imagine ony transubstantiatioun of breid in christis naturall 
body and of wyne in his naturall blude (as the papistis haue perniciously taucht and 
dampnablie beleuit) bot this vnioun and coniuuctioun quhilk we haue with the body 

25 



C. 1.] Mary. 1560. 

and blude of christ Jesus in the rycht vse of the sacramentis Is wrocht be operatiouu 
of the haly gaist quba by trew faith caryis ws aboae all thingis that ar visibill carnall 
and eirdly and makis ws to feid vpoun the body and blude of Christ Jesus quhilk was 
anis brokiu and schedd for ws quhilk now is in the heuin and appeiris in the presence 
of his father for ws And yit notwithstanding the far distance of place quhilk is betuix 
his bodie now glorify it in the heuin and ws now mortall in this eird yit we most 
assuritlie beleif that the breid quhilk we brek is the communioun of christis body and 
the coup quhilk we bliss is the communioun of his blude sa that we confess and 
vndoutitlie beleif that the faithful! in the rycht vse of the lordis table do sa eit the 
body and drinke the blude of the Lord Jesus that he remanis in thame and thay in 
him Yea thay ar sa maid flesche of his flesche and bane of his banis that as the 
eternall godheid hes geuin to the flesche of christ Jesus (quhilk of the awin conditioun 
and nature was mortall and corruptibill) lyfe and immortalitie sa dois christ Jesus 
his flesche and blude eitin and drunkin be ws gif vnto ws the same prerogatiues 
Quhilk albeit we confess ar nouther geuin vnto ws at that tyme onlie nouther yit be 
the proper power and vertew of the sacramentis onlie yit we affirme that the faithful 
in the rycht vse of the lordis table hes coniunctioun with christ Jesus as the naturall 
man can not comprehend yea and farther we affirme that albeit the faithfull oppressit 
be negligence and manlie infirmitie dois not profite sa mekle as thay wald in the 
verray instant actiouu of the supper yit sail it efter bring furth frute as liuely seid 
sawiu in gude ground For the haly spreit quhilk can neuer be deuydit fra the rycht 
institutioun of the Lord Jesus will not frustrat the faithfull of the frute of that 
mystical actioun hot all this we say cumis of trew faith quhilk apprehendis christ 
Jesus quha onlie makis his sacramentis eflectuall vnto ws And thairfoir quhasaeuer 
sclanderis ws as that we affirmit or beleuit sacramentis to bo onlie nakit and hair 
signis do Iniurie vnto ws and speikis aganis the manifest treuth Bot this liberallie 
and franklie we confess that we mak ane distinctioun betuix christ Jesus in his 
eternal! substance and betuix the dementis in the sacramentall signis Sa that we will 
nouther wirschip the signis in place of that quhilk is signifyit be thame nother yit do 
we dispyse and interpreit thame as vnprofitabill and vaine bot do vse thame with all 
reuerence examining our selfis diligentlie befoir that sa we do becaus we ar assurit 
be the mouth of the Apostle that sic as eit of that breid and drink of that coup 
vnworthely ar gyltie of the body and of the blude of christ Jesus 

Of the rycht administratioun of the Sacramentis 

THAT Sacramentis be rychtlie ministrat we Juge twa thingis requysite The ane that 
thay be ministrat be lauchfuU Ministeris quhome we affirme to be onlie thai that ar 
appointit to the preiching of the worde into quhais mouthis God has put sum Sermon 
of exhortation thay being men lauchfuUie chosin thairto be sum kirk The vther that 
thay be ministrat in sic elementis and in sic sorte as God hes appointit ellis we affirme 
that thay ceise to be rycht sacramentis of Christ Jesus And thairfoir it is that we flee 
the societe with the papisticall kirk in participatioun of thair sacramentis first because 
thair Ministaris ar na Ministaris of christ Jesus yea (quhilk is mair horrible) thay 
sufler wemen quhome the haly gaist will not suiOfer to teiche in the congregatioun to 
baptise And secundlie becaus thay haue sa adulterat baith the ane sacrament and the 
vther with thair awin inuentiounis that na pairt of christis actioun abydis in the 
original! puritie For oyle salt spattill and sic lyke in baptisme ar bot mennis inuen- 
tiounis adoratioun veneratioun beiring throucht streittis and townis and keiping of 
breid in boxis or bvistis ar prophanatioun of christis sacramentis and na vse of the 
same For christ Jesus said tak eit <&c. do ye this in remembrance of me Be quhilk 
wordis and charge he sanctifyit breid and wyne to be the sacrament of his halie body 
and blude to the end that the ane sould be eitin and that all sould drink of the vther 
and not that thay sould be keipit to be wirschippit and honourit as God as the 
papistis haue done heirtofoir Quha alswa haue committit sacrilege steilling fra the 
peple the ane pairt of the sacrament to wit the blissit coupe Mairouer that the sacra- 
mentis be rychtlie vsit it is requyrit that the end and cause quhy the sacramentis war 
Institute be vnderstand and obseruit asweil! of the minister as of the ressaueris For 
gif the opinioun be changit in the ressauer the rycht vse ceissis quhilk is maist euident 

26 



C. 1.] Mary. 1560. 

be the reiectioun of the sacrifices as alswa gif the teicher plainly teiche fals doctrine 
quhilk war odiouse and abominabill befoir god (albeit thay war bis awin ordinance) 
becaus that wickit men vse thame to ane vther end than god hes ordenit The same 
affirme we of the sacramentis in the papisticall kirk in quhilk we affirme the haill 
actioun of the Lord Jesus to be adulterat alsweill in the externall forme as in the end 
and opinioun Quhat Christ Jesus did and commandit to be done is euident be the 
Euangelistis and be sanct Paull quhat the preist dois at his altare we neid not to 
reherse The end and caus of christis institutioun and quhy the self same sould be vsit 
is expressit in thir wordis do ye this in remembrance of me als oft as ye sail eit of 
this breid and drink of this coup ye sail schaw furth (that is extoll preiche magnifie 
and praise) the Lordis death till he cum Bot to quhat end and in quhat opinioun the 
preistis say thair Mes lat the wordis of the same thair awin Doctouris and wrytingis 
witness To wit that thay as mediatouris betuix christ and his kirk do offer viito god 
the father a sacrifice propiciatorie for the synnis of the qwick and the deid Quhilk 
doctrin as blasphemous to christ Jesus and making derogatioun to the sufficiencie of 
his onlie sacrifice anis oiOferit for purgatiouu of all tnay that salbe sanctify it we vtterlie 
abhorr detest and renunce 



To quhome Sacramentis apperteine 

WE confess and acknawlege that Baptisme appertenis asweill to the infantis of the 
faithfull as vnto thame that be of aige and discretioun And sa we dampne the errour 
of the Anabaptistis quha deny is Baptisme to appertene to children befoir that thay 
haue faith and vnderstanding Bot the supper of the Lord we confess to appertene to 
sic onlie as be of the houshald of faith and can try and examyn thame selfis alsweill 
in thair faith as in thair dewitie towardis thair nichtbouris Sic as eit and drink at 
that haly table without fayth or being at discention and divisioun with thair brethren 
do eit voworthely And thairfoir it is that in our kirk our Ministeris tak publict and 
particttlare examinatioun of the knawlege and conuersatioun of sic as ar to be admittit 
to the table of the Lord Jesus 



Of the ciuile Magistrat 

WE confess and acknawlege Empyris Kingdomis dominiounis and citeis to be 
distinctit and ordenit be God the poweris and authoritie in the same (be it of 
Emperouris in thair Empyris of Kingis in thair Kealmis Dukis and Princes in thair 
dominiounis and of vtheris Magistratis in fre cieteis) to be goddis haly ordinance 
ordenit for manifestation n of his awin glorie and for the singular protite and com- 
moditie of mankynde sa that quhasaeuer gangis about to tak away or to confound the 
haill state of ciuile policeis now lang establischit we afiirme the same men not onlie to be 
enemeis to mankynde bot alswa wickitlie to fecht againis goddis expressit will We farther 
confess and acknawlege that sic personis as ar placit in authoritie ar to be luifit honourit 
feirit and haldin in maist reuerend estimatioun becaus that thay ar the lieutennentis 
of god in quhais sessiounis god him self dois sit and Juge (ye euin the Jugeis and 
Princes thame selfis) to quhome be God is geuin the sworde to the praise and defence 
of gude men and to reuenge and punische all oppin malefactouris Mairouer to Kingis 
Princes rewlaris and magistratis we affirme that cheiflie and maist principallie the 
conseruatioun and purgatioun of the Keligioun appertenis sa that not onlie thay ar 
appointit for ciuile policie bot alswa for mantenance of the trew religioun and for 
suppressing of Idolatrie and superstitioun quhatsaeuer As in Dauid Josaphat Ezechias 
Josias and vtheris heichly commendit for thair zeall in that caise may be espyit And 
thairfoir we confess and awow that sic as resist the supreme power (doing that thing 
quhilk appertenis to his charge) do resist goddis ordinance And thairfoir can not be 
giltless And farther we affirme that quhasaeuer denyis vnto thame thair ayde counsell 
and confort quhylis the Princes and rewlaris vigilantlie trawaill in execution of thair 
office that the same men deny thair help supporte and counsell to God quha be the 
presence of his lieutennent dois craif it of thame 

27 



C. 1.] Mary. 1560. 

The giftis frelie geuin to the Kirk 

ALBEIT that the worde of god trewlie preicheit and the sacramentis rychtlie 
mlDisterit and discipline executit according to the worde of god be the certane and 
infallibill signis of the trew kirk we mene not that euerie particularo person Joy nit 
with sic ane cumpany be ane elect member of Christ Jesus For we acknawlege and 
confess that dornell cockell and cafie may be sawin grow and in greit aboundanoe ly 
in the middis of the quheit That is the reprobat may be Joy nit in the societie of the 
elect and may externallie vse with thame the benefitis of the word and sacramentis 
Bot sic being bot temporall professouris in mouth bot not in heart do fall back and 
continew not to the end And thairfoir haue thay na frute of christis death resurrec- 
tioun nor ascensiouu Bot sic as with heart vnfenyeitly beleif and with mouth bauldlie 
confess the Lord Jesus (as befoir we haue said) sail maist assuritlie ressaif thir giftis 
First in this lyfe reihissioune of synnis and that be faith onlie in Christis blude In sa 
mekle that albeit syne remane and continuallie abyde in thir our mortall bodyis yit it 
is not Imputit vnto ws bot is remittit and couerit with christis Justice Secundlie in 
the genei-all Jugement thair salbe geuin to euerie man and woman resurrectioun of 
the flesche For the sey sail gif hir dead the eird thay that thairin be inclosit yea the 
eternal! our Ood sal streiche out his hand on the dust and the deid sail arysu vncor- 
ruptibill and that in the substance of the self same flesche that euerie man now beiris 
to ressaif according to thair warkis glorie or punischement For sic as now delyte 
in vanitie crueltie fylthines superstitioun or Idolatrie salbe adiugeit to the fyre 
vnstancheabill In quhilk thay salbe tormentit for euer asweill in thair awin bodyis as 
in thair saulis quhilk now thay gif to serue the Deuill in all abhominatioun Bot sic as 
continew in well doing to the end bauldlie professing the Lord Jesus we constantlie 
beleif that thay sail ressaif glorie honour and immortalitie to regne for euer in lyfe 
euerlasting with Christ Jesus to quhais glorifyit body all his elect salbe maid lyke 
quhan he sail appeir agane in Jugement and sail rander vp the kingdoroe to god his 
father quha than salbe and euer sail remane in all thingis god blissit for euer To 
quhome with the sone and with the haly gaist be all honour and glorie now and euer 
So be it. 

A£YSE o Lord and lat thy enemeis be confoundit lat thame flee fra thy presence 
that hait thy godly name Giue thy seruandis strenth to speik thy worde in baldnes 
and let all natiounis cleif to thy trew knawlege Amen 

THLB ACTIS and articklis ar red in the face of Parliament and ratifyit be the thre 
estatis of this realme at edinburgh the seuintene day of August the yeir of God 
JM yo and tju-g g^Qij- yeiris 



CAP. 2. 

[Not in \2rM. edition,] 

Concerning the jurisdictioun and autoritie of the bischope of Rome callit the Paip 

IN the Parliament haldin at edinburgh the tent day of Julij the yeir of God J^ V^ 
Ix yeiris and thairefter continewit to the first day of august nixt thaireftir following 
with oontinewatioune of dayis vpoun the tueuty foir day of the said monethe of 
august The thre estaitis then being present vnderstanding that the Jurisdictioune 
and autoritie of the bischope of Eome callit the paip vsit within this realme in tymes 
bipast hes bene verray hurtful and preiudiciall to our soueranis autoritie and commone 
Weill of this realme Thairfoir hes statute and ordanit that the bischope of Home haif 
na Jurisdictioun nor autoritie within this realme in tymes cuming And that nane of 
our saidis soueranis subiectis of this realme sute or desire in ony tyme heireftir title 
or ryoht be the said bischope of Rome or his salt to ony thing within this realme vnder 
the pania of barratrye That is to say prescriptioune banischement and neuir to bruke 

28 



C. 2.] Mary. 1560. 

honour office nor dignitie within this realme And the controvenaris heirof tobe callit 
befoir the Justice or his deputis or befoir the lordis of sessioun and pvnist thairfoir 
conforme to the Lawis of this realme And the furuissaris of thame with fynance of 
money and purchessaris of thair title of rvcht or manteanaris or defeudaris of thame 
sail incur the same panis And that na biscliop nor vther prelat of this realme vse ony 
Jurisdictioun in tymes to cum be the said bischop of Romeis autoritie vnder the pane 
foirsaid 



PARLIAMENT AT EDINBURGH, 4th june 1563. 

CAP. 3. 

[1563, cap. 68.] 

Ratificatioun of the act of King James lY. anent cruvis and 

fische dammis — with additioun 

THE Quenis Maiestie and thre Estatis of this present Parliament ratifeis and 
appreuis the act maid be hir hoines maist Nobill Oudschir King James the Feird 
of gude memorie of the quhilk the tenour followis Item it is statute and ordanit 
that all cruuis and fische dammis that ar within salt watters that ebbis and flowis 
be allutterlie destroyit and put downe alsweill thay that pertene to our Souerane 
Lord as vthers throw all the Realme And anent cruuis in fresche watters that thay 
be maid in sic largenes and sic dayis keipit as is contenit in the actis and statutis 
maid thairupone of befoir with this additioun following That is to say that all cruuis 
and yairis that ar set of lait vpone sand and schauldis far within the watter quhair 
thay war not of befoir that thay be incontinent tane downe and put away and the 
remanent cruuis that ar set and put vpone the watter sandis to stand still quhill the 
first day of October nixt tocum and incontinent efter the said first day to be destroyit 
and put away for euer .... 

[In part rep,, 6 Ed. 7 c. 38 {S.L.R.).'] 



CAP. 8. 

[1563, cap. 72.] 

Anent mansis and gleibis 

ITEM Because it is vnderstandin to our Souerane Lady and thre Estatis of this 
Realme That the Persounis Yicaris and vthers Kirkmen within the samin hes set 
in few or lang takkis ane greit part of thair mansis and gleibis quhairthrow thair is 
na sufficient dwelling place for thame that seruis and sould serue and minister at the 
kirkis to remane thairat for the instructioun of the parochinaris for remeid heirof It 
is statute and ordanit be our said Souerane Lady with the auise of the Estatis foirsaid 
that na persoun Vicar nor vther Ecclesiasticall persoun set in few or lang takkis ony 
of thair mansis or gleibis pertening to the said kirkis without speciall licence and 
consent of the Quenis grace in writ And alswa it is statute and ordanit That thay 
that ar appointit or to be appointit to serue and minister at ony Kirk within this 
Realme haue the principall mans of the persoun or Vicar or samekill thairof as salbe 
fundin sufficient for staiking of thame To the effect that thay may the better await 
vpone the charge appointit and to be appointit to thame quhidder the saidis gleibis 
be set in few or tak of befoir or not or that ane ressonabill and sufficient hous be 
biggit to thame besyde the Kirk be the Persoun or Vicar or vthers hauand the saidis 
mansis in few or lang takkis and this to be done betuix and the first day of Nouember 
nixt to cum And forther samekill land to be annexit to the said dwelling placis of 
thame that seruis and ministeris at the Kirk as salbe heirefter with gude auisement 
appointit 

29 



C. 17.] Mary. 1563. 

CAP. 17. 

[1563, cap. 79.] 

Anent the creatioun of notaris 

ITEM Because our Souerane Ladyis liegis ar greitumlie hurt be vnworthy and in 
sufficient Notaris not qualifeit as effeiris to be in making of Instrumentis and vthers 
writtingis according to thair officis It is statute and ordanit be our Souerane Lady 
with the auise of the tbre Estatis that na persoun tak vpone hand to vse nor exerce 
the office of Notarie be na maner of creatioun to be maid in ony tyme to cum fra this 
day further vnder the pane of deid without thay be maid and creat be the Quenis 
Maiesteis speciall letters and thairefter examinat and admittit be the Lordis of 
Sessioun and College of Justice quha sail tak thair aithis for dew and lauchfull vsin^ 
of the said office of Notarie and cause Register thair Signe and subscriptioun quhilk 
thay sail vse in all tymes efter thair said admissioun And gif ony persoun or persounis 
attemptis or dois in contrare heirof in creating or making Notaris or vsing of the said 
office vtherwayis nor said is thay salbe punist to the deid and thair Instrumentis nor 
notis to mak na faith 



30 



C. 8.] James VI. ' 1567. 



ACTA PARLIAMENTORUM REGIS JACOBI SEXTL 



PARLIAMENT AT EDINBURGH, 15tu dec. 1567. 

CAP. 8. 

[1567, cap. 8.] 

Anent the Kingis aith to be geuin at his Coronatioun 

ITEM Because that the incres of vertew and suppressing of Idolatrie crauis that the 
Prince and the peple be of ane perfyte Reh'gioun quhilk of Goddis mercie is now 
presentlie professit within this Realme Thairfoir it is statute and ordanit be our 
Souerane Lord my Lord Regent and thre Estatis of this present Parliament that all 
Kingis and Princes or magistratis quhatsumeuer balding tbair place quhilkis heirefter 
in ony tyme sail happin to Regne and beir reule ouer this Realme at the tyme of 
thair coronatioun and ressait of thair princely authoritie mak thair faithfull promise 
be aith in presence of the eternal! God that induring the haill cours of their lyfe thay 
sail serue the samiu eternall God to the vttermaist of thair power according as he hes 
requyrit in his maist haly word reuelit and contenit in the new and auld Testamentis 
And according to the samin word sail mantene the trew Religioun of Jesus Christ the 
preicheing of his haly word and dew and ryche ministratioun of the Sacramentis now 
ressaifit and preichit within this Realme And sail abolische and gainstand all fals 
Religioun contrare to the samin And sail reule the pepill committit to thair charge 
according to the will and command of God reuelit in his foirsaid word and according 
to the louabill Lawis and constitutionis ressaifit in this Realme nawyse repugnant to 
the said word of the eternall God And sail procure to the vttermaist of thair power 
to the Kirk of God and haill cristiane pepil trew and perfyte peice in all tyme cuming 
The rychtis and rentis with all iust priuilegeis of the Crowne of Scotland to preserue 
and keip inuiolatit nouther sal thay transfer nor alienat the samin Thay sal forbid 
and repres in all Estatis and degreis reif oppressioun and all kynde of wrang In all 
Jugementis thay sail command and procure that Justice and equitie be keipit to all 
creaturis without exceptioun as the Lord and father of all mercyis be mercifuU to 
thame And out of thair landis and Empyre thay salbe cairfuU to ruite out all Heretykis 
and enemeis to the trew worschip of God that salbe conuict be the trew Kirk of God 
of the foirsaidis crymis And that thay sail faithfullie affirme the thingis abone writtin 
be thair solempnit aith 



CAP. 12. 

[Nai in l2mo. edition,] 

Anent the iurisdictioun of the kirk 

ITEM Anent the artickle proponit and geuin in be the Kirk to my Lord Regent and 
the thre Estatis of this present Parliament anent the iurisdictioun iustlie appertening 
to the trew Kirk and immaculat spous of Jesus Christ to bo declarit and expressit as 
the artickle at mair lenth is consauit The Kingis ^ace with auise of my Lord Regent 
and thre Estatis of this present Parliament hes declarit and grantit iurisdictioun to 

31 



C. 12.] James VL 1567. 

the said Kirk quhilk consistis and standis in preicheine of the trew word of Jeans 
Christ correctionn of maneris and administratioun of halv Sacramentis And dedans 
that thair is na vther face of Kirk nor vther face of Reli^ioun than is presentlie be 
the fauour of God establischeit within this Eealme And that thair be na vther iuris- 
dictioun ecclesiasticall acknawlegeit within this Bealme vther than that quhilk is 
and salbe within the same Kirk or that quhilk flowis thairfra concerning the 
premissis .... 

[In part rep,, 6 Ed. 7 e. 38 (S'.L.-B.).] 



CAP. 15. 

[1567, cap. U.] 

Anent thame that committis incest 

ITEM Forsamekle as the abhominabill vile and fylthie lust of incest is swa abhomin- 
abill in the presence of God and that the samin eternall God be his expres word hes 
condampnit the samin and yit nottheles the said vice is swa vsit within this Realme 
and the word of God is in sic sort contempnit be the vsaris thairof that God be his 
iust iugementis hes occasioun to plague the Realme quhair the said vice is committit 
(without Gk)d of his mercy be mair gratious and remeid be prouydit that the said vice 
ceis in tyme cuming) Thairfoir our oouerane Lord with auise and consent of my Lord 
Regent and thre Estatis of this present Parliament statutis and ordanis that quhat- 
sumeuer persoun or personis committeris of the said abhominabill cryme of incest that 
is to say quhatsumeuer person or personis thay be that abusis thair body with sic 
personis in degre as Goadis word hes expreslie forbiddin in ony tyme cuming as is 
contenit in the xviij Cheptour of Leuiticus salbe puneist .... 

[In part rep,, 6 Ed. 7 c. 38 {S.L.R.).] 



CAP. 16. 

[1567, cap. 15.] 



Anent lauchfull manage of the awin blude in degreit not 

forbiddin be Goddis worde 

ITEM Our Souerane Lord with auise and consent of my Lord Regent and thre 
Estatis of this present Parliament hes statute and ordanit that the haly band of 
mariage maid be all estatis and sortis of man and woman to be als lauchfull and als 
fre as the Law of God hes permittit the samin to be done without exceptioun of 
person or personis And has declairit and declairis that secundis in degreis of con- 
sanguinitie and affinitie and ali degreis outwith the samin contenit in the word of the 
eternall God and that ar not repugnant to the said word mycht and may lauchfullie 
marie at all tymes sen the viij day of Marche the yeir of God ane thousand fyue 
hundreth fyftie aucht yeiris notwithstanding ony Law statute or constitutionis maid 
in the contrare And ratifyis and appreuis all the saidis mariageis done sen the said 
day And the bairnis gottin or to be gottin in sic mariage to be als lauchfull als weill 
toward thair successioun to landis heritageis or ony vther liberteis as ony bairnis 
gottin in mariage and to be repute and estemit in all tyme to cum lauchfullie gottin in 
lauchfull mariage notwithstanding ony Lawis statutis constitutiounis or Actis maid 
or to be maid in the contrare 

32 



C:22.] Jwnrn VI. 1567. 

CAP. 22. 

[1567, cap. 18.] 

Anent the supplicatioun ^uin in be the Lordis of Sessioun for declaratioan in 
Parliament gif the saidis Lordis of Sessioun be Jugeis to ony infeftment or gift 
grantit or confirmit in Parliament 

ITEM Anent the petitioun proponit be the Senatouris of the College of Justice 
beirand that thair is diuers personis that hes persewit actiounis befoir thame for 
reductioun of infeftmentis quhilkis ar confirmit be our Souerane Lordis predecessouris 
qubilkis ar grantit and confirmit in Parliament And aganis the samin it is allegeit 
that the saidis Senatouris ar nawyse Jugis competent to the reductioun of ony sic 
infeftment Quhairfoir the saidis Senatouris hes referrit the declaratioun quhidder thay 
be Jugis competent to ony sic reductioun or not to our Souerane and thre Estatis of 
Parliament And thairfoir desyring the censement and declaratioun of this present 
Parliament quhat thay sail do thairanent Our Souerane Lord with auise of my Lord 
Begent and thre Estatis of this present Parliament declairis the saidis Senatouris 
of the College of Justice to be Jugis competent to the reductioun of all sic infeft- 
mentis as said is notwithstanding quhatsumeuer confirmatioun or grant of Parliament 
past thairupon 



PAKLIAMENT AT EDINBURGH, 26'i:h January 1572. 

CAP. 5. 

[1572, cap. 48.] 

The explanation of the act anent manses and gleibis 

FORSAMEKLE as be ane act of parliament haldin and begun at edinburgh the ferd 
day of Junij the yeir of god ane thousand fyue hundreth thre scoir thre yeiris It wes 
statute and ordanit that na person vicar nor vther ecclesiasticall person suld set in 
few or lang takkis ony of thair Manses or gleibbis pertenyng to the kirkis And alsua 
that thay that war appoyntit or tobe appointit to serue and minister at ony kirk 
within this realme sould haue the principall manses of the persoun or vicar or samekle 
thairof as sould be fund sufficient for staiking of thame To the effect that thai may 
the better await vpoun the charge appoyntit and tobe appointit to thame quhether 
the saidis gleibbis wer set in few or tak of befoir or not or that ane ressonable and 
sufficient hous wer beigit to thame besyde the kirk be the persoun or vicar or vtheris 
havand the saidis Mapses in few or lang takkis And forder samekill land tobe annexit 
to the saidis duelling places of thame that seruis and ministeris at the kirk as thair^ 
efter with gude advysement sould be appoyntit lyke as the said act at mair lenth 

troportis quhilk being in diuers poyntis doubtfull and incertane na gude executioun 
es followit thairvpoune in tyme bipast And thairfor our souerane lord with auise of 
my lord Re^entis grace the thre estatis and haill body of this present parliament 
findis and declaris That the manses other pertening to the persoun or vicar maist 
ewest to the kirk and maist commodious for duelling pertenis and sail pertene to the 
minister or redar seruing at the same kirk Together with foure akeris of land of the 
gleib at leist Hand continue or maist ewest to the said manse df thair be samekill and 
failyeing thairof samekul as thair is Tobe markit and speciallie designit be the archi- 
bischope bischope superintendent or commissionar of the diocie or province the tyme 
of thair nixt visitatioun be the aduise of ony tua of the maist honest and godlie of 
the parochinaris quhilkis thai sail require (not being possessouris of the saidis manses 
or gleibbis thame selffis) to Joyne with him in executioune heirof quhether the saidis 
manses and gleibbis be sett in few or takkis of befoir or not and vpoun the said 
marking and designatioun The archibischope bischeope superintendent or commis- 
S.A. 33 3 



0. 5.] James VL 1572. 

Bionar sail gif his testimonial! Bering how he with auise of sic tua of the paroehinaris 
hes visited the manses and gleib of sic a kirk and findis the same occupijt be sic 
personis And that thay haue appoyntit markit and designit the said manse with foure 
akaris or sic quantitie of land adiacent thairto to the vse of the minister or Redar 
that sail serue and minister at the said kirk in tyme cuming and vpoun the Minister 
or Redaris supplication ne quhairwithall the said testimonial! salbe presentit to the 
lordis of counsall and sessioun lettres salbe direct Chargeing the occapiaris and 
possessouris of the saidis manses and akeris of land quhether the same be sett in few 
or takkis of befoir or not To remove desist and ceis thairfra and enter the said 
Minister or Bedar to the possessioun of the samyn within ten day is vnder the pane 
of Bebellioun And gif thai failyie To put thame to the home And in caise thai be 
denuncit Gaptioun and vtheris executoriallis according to the lawis and consuetudes 
of this realme tobe directit a^nis thame Quhilkis Manses and akeris of land sa 
markit and designit as said is It sail not be lauchfuU to the ministeris or redaris 
present or to cum to sell annalie sett in few or takkis or to put ony in the possessioun 
of the same In preiudice of thair successour Bot the same to remane alwayis fre 
to the vse and eisment of sic as salbe admittit to serue and minister at the said 
kirk .... 

[In part rep., 6 Ed. 7 c. 38 {S.LR.),] 



CAP. 15. 

[1572, cap. 54.] 

Anent the reparatioun of the Paroche Kirkis 

FOBSAMEKLE as thair was ane Act maid in the Parliament haldin in the Moneth of 
Junij the yeir of Gk)d ane thousand fyue hundreth thre scoir thre yeiris declarand that 
quhatsumeuer ordour suld be maid and set furth be the Lordis of secreit Ck)unsall for 
vphalding and reparrelling of Kirkis and Kirkyairdis and the executioun to be declarit 
be thame thairupon to be sufficient and haue als greit strenth and effect as and the 
samin had bene expresly contenit in the said Act of Parliament as the samin at mair 
lenth proportis According to the quhilk ane Act of secreit Counsall was maid for the 
^iggiQg mending and reparatioun of Paroche Kirkis of the dait at Striuiling the xiij 
day of September the yeir of God foirsaid Quhilk Act as yit hes not tane executioun 
in na place because of the sleuth and vnwillingnes of the Parochinneiris quhilkis war 
slaw and refusit to cheis persounis to taxt thair Nichtbouris and that alswa thair was 
not Kirkmaisteris or Deaconis appointit in the Parochinnis to ressaue the taxatioun 
appointit For remeid quhairof our Souerane Lord with auise of my Lord Regentis 
grace the thre Estatis and haill body of this present Parliament ratefyis and approuis 
the foirsaidis Actis of Parliament and of secreit Counsall in all pointis .... 

[In part rep,, 6 Ed. 7 c. 38 {S.L.R,),] 



PARLIAMENT AT HOLYROODHOUSE, SOth ape. 1573. 

CAP. 1. 

[1573, cap. 55.] 

Anent thame that diuertis fra vtheris being Joynit of befoir in lauchfuU Mariage 

IT is Fundin and declarit be our Souerane Lord my Lord Regentis grace the thre 
Estatis and haill bodie of this present Parliament That in all times bypast sen 

34 



C. 1.] Janies VI. 1573. 

the trew and Christiane Iteligioun was publictlie preichit awowit and establischit 
within this Realme namelie sen the Moneth of Aagust the yeir of Gk>d ane thousand 
fine hundreth threscoir yeiris It hes bene is and in all tyme cumming salbe lauchful 
That quhatsumeuer persoun or persounis Joy nit in laachfull Matrimonie husband or 
wife diuertis fra vtheris companie without ane ressonabill cans alledgeit or deducit 
befoir ane Judge and remanis in thair malicious obstinacie be the space of four yeiris 
and in the meane time refusis all preuie admonitiounis The husband of the wife or the 
wife of the husband for dew adherence .... And in case na sufficient causis be 
alledgeit quhairfoir na adherence suld be ... . the malicious and obstinat defectioun 
of the partie ofiendar to be ane sufficient cans of diuorse and the said partie offendar 
to tyne and lois thair Tocher £t donationes propter Nuptias 

[In part rep., 6 Ed. 7 c. 38 {S.L.R.),] 



PARLIAMENT AT STIRLING, 15th july 1578. 

CAP. 6. 

[1578, cap. 62.] 

Thb gleibis of the ministerie and redaris Salbe frie of thair teyndis 

ITEM Anent the article proponit gif ministeris and redaris aucht and suld pay teynd 
for thair gleibis and kirklandis designit to thame conform to the act of parliament 
maid thairanent for answer thairto Oure souerane Lord with aduise and consent of 
the thrie estaittis of this present parliament ffindis and declaris that the saidis 
ministeris and redaris aucht and suld pay na teindis for thair saidis gleibis and kirk- 
landis extending to four aikiris of Land designit to thame Conform to the said act £ot 
decernis and declaris thame to be frie of the saidis teyndis and dischargis thame 
simpliciter thairof in all tyme cuming 



CAP. 11. 

[1578, cap. 64.] 

The Ratificatioun of the preuilegis of burrowis with additioun 

OURE souerane Lord with auise of his thrie estaittis of this parliament hes ratefeit 
and apprevit and be the tennour heirof Ratefeis and approves of new all actis and 
constitutionis of parliament maid be quhatsumeuer our souerane Lordis predicessouris 
of befoir in fauouris of the burrowis and burgesses of all this realme inhabitants of 
the samyn with all prevelegis fredomes Immuniteis and liberteis grantit and gevin to 
thame and euerie ane of thame and decernis and declaris the samin to haif full strenth 
force and effect in all tymes heirefter sua that the samyn may be putt to full and dew 
executioun in all pointtis and to stand as ane perpetuall law to thame and thair 
successouris with this additioun gevand thame fredome and prevelege to convene four 
tymes in the yeir for sic materis as concernis thair estait And that in auhat burgh 
it salbe thocht expedient to the maist part of the saidis burrowis Provyding alwayis 
for eschewing of tumultis that thair be present at the saidis oonventionis for euerie 
burgh in nowmer ane except the toun of edinburgh to haif ane ma nor the vtheris 
burrowis 



35 



C. 13.] James VL 1574 

CAR 13. 

[1578, cap. 66.] 

Anent dowbill confirmationis of fewis of kirklandis and Landis 
haldin Immediatlie of our souerane Lord 

FOBSAMEKILL as it is statute and ordanit be act of parliament maid in our 
souerane Lordis derrest moderis tyme that na infeftmentis of Kirk-Landis sett sen 
the aucht day of Marche The yeir of god J^ V^ Iviij yeiris suld be of ony force or 
effect without the samin wer dewlie and lawchtfullie confermit be our souerane And 
als forsamekle as it happinnis that dowbill infeftmentis of fewferme of ane portioun 
of landis gevin be ane ecclesiasticall persone to diuerse persones and sumtymes be 
diuerse ecclesiasticall persones To witt the predicessour and successour to diuerse 
personis in fewferme and yit nather of the saidis infeftmentis can tak effect or be 
of awale without thay be dewlie and lawchtfullie confermit be our souerane Lord 
And alswa it is oftymes sene that confirmatioun is grantit of bayth the saidis diuerse 
infeftmentis at diners tymes be the sutes of the parteis Lyk as it is fundin be sindrie 
ordinances of the previe counsall that our souerane Lord and his hienes compositouris 
aucht not to deny his confirmatioun vpoun the ressonabill expenses of the pairtie 
sutand vpoun thair awin perrall And lykwayis diuerse alienationis of landis haldin 
Immediatlie of our souerane Lord being maid be ane persone to diuerse persones 
dowbill confirmationis ar grantit be our souerane Lord thairto quhair as ane of the 
saidis confirmationis aucht and can only tak effect in all the causes abone specefiit 
And notwithstanding it is the occatioun of grite debait amangis the Liegeis to thair 
grite expenses alsweiU in payment of thair compositionis as that the samin breidis 
occasioun of sic grite pley ffor remeid thairof it is concludit statute and ordanit be 
our souerane Lord and thrie estaittis of parliament quhasoeuir obtenis or hes obtenit 
the first confirmatioun of ony infeftment ather of kirklandis or vther landis haldin 
of our souerane Lord That that first confirmatioun salbe of availl force and effect and 
sail prevaill to the secund The said infeftment quhilk is first confirmit being valiabill 
in the selff and lawchtfullie maid And in this cais the last confirmatioun sail not be 
respectit albeit the samin conferme the first infeftment Bot the first confirmatioun 
of the last infeftment sail prevaill to the last confirmatioun of the first infeftment be 
way of exceptioun or replay without ony summondis or proces of reductioun It is 
alwayis prouidit that gif the principall infeftment first confirmit for ony vther sub- 
stantiall caus by the foirsaid confirmatioun be of nane availl or vnlawchtfullie maid 
to the preiudice of ony vther pairtie haiffand entres [to] the Landis thairin contenit 
and quha may be excludit be ressoun of the said first confirmatioun [the saidl pairtie 
haiffand entres salbe hard to accuse or reduce the said infeftment first confirmit or 
vtherwayis to mowe actioun acanis the samin as accordis of the law quhidder thay 
haif obtenit confirmatioun of tnair infeftment or not It is alsua statute and ordanit 
that na dowbill confirmationis of Infeftments of kirklandis or vtheris haldin of our 
souerane Lord be grantit heirefter and discharges the keparis of the Signet prewie 
and grite seillis That thai pas not dowbill confirmationis and gif the saidis dowbill 
confirmationis pas in tyme cuming Oure said souerane Lord with auise of his saidis 
thrie estaittis decernis and declaris the last confirmatioun to be of nane availl 
prouiding as is abone specefiit 



36 



,0.6.] Javics VI. 1579. 

PAKLIAMENT AT EDINBURGH, 20th October 1579. 

CAP. 6. 

[1579, cap, 68.] 

Anent the trew and haly kirk and of thame declarit not to be of the same 

OURE souerane lord with auise and consent of the thrie estaitis and haill body of this 
.... liament ratifeis and appreuis all and quhatsumeuir actis and statutis maid of 
befoir be his hienes with auise .... regentis in his awin Begnne or his predicessouris 
anent the freidome and libertie of the trew kirk of god and religiouu now presentlie 
professit within this realme And specialie ratifeis and apprevis the sext act of his 
hienes parliament haldin in the first yeir of his hienes Regnne intitulat Anent the 
trew and haly kirk and of thame that ar declarit not to be of the samyne Ordaning 
the same to be heir insert of new (becaus of sum defectioun and informalitie of wordis 
in default of the prentair) in this forme Oure souerane lord with auise of his thrie 
estaitis and haill body of this present parliament hes declarit and declaris the ministeris 
of the blissed euangel of Jesus chryst quhome god of his mercie hes now raisit vp 
amangis ws Or heirefter sail raise aggreing with thame that now levis in doctrine and 
administratioun of the sacramentis And the people of this realme that professis Jesus 
Christ as he is now offerit in his evangell and do communicat with the haly sacramentis 
as in the reformit kirkis of this realme ar publictlie administrat according to the con- 
fessioun of the fayth To be the only trew and haly kirk of Jesus christ within this 
realme And decernis and declaris that all and sindrie quha vther gaynesayis the word 
of the evangell ressauit and apprevit As the heidis of the Confessioune of the fayth 
professit in parliament of befoir in the yeir of 1560 As alsua specifijt and registrat in 
the actis of parliament maid in the first yeir of his hienes regnne mair particularlie 
dois expres ratifeit alsua and appreuit in this present parliament Or that refuses the 
participatioune of the haly sacramentis as they ar now ministrat To be na membris of 
the said kirk within this realme and trew religioune now presentlie professit sa lang 
as they keip thame selffis sa deuydit from the societie of christis body 



CAP. 7. 

[1579, cap. 69.] 

Anent the iurisdictioun of the kirk 

OURE Souerane Lord with aduise of the thrie estaitis of this present parliament hes 
declarit and grantit Jurisdictioun to the kirk Quhilk consistis and standis in the 
preacheing of the trew word of Jesus chryst correctioun of maneris and administra- 
tioun of the haly sacramentis And declaris that thair is na vther face of kirk nor vther 
face of religioun then is presentlie be the fauour of god establishit within this realme 
and that thair be na vther iurisdictioune ecclesiasticall acknawlegit within this realme 
vther then that quhilk is and salbe within the samyne kirk or that quhilk flowis 
thairfra concerning the premises .... 

[In part rep., 6 Ed. 7 c. 38 {S.L.R.).] 



CAP. 8. 
[1579, cap. 70.] 



DisCHARGBiNG of mcrcattis and Labouring on sondayis or 
playing and drinking in tyme of sermone 

ITEM fiforsamekle as it is statute and ordanit be a gude and eodlie act maid in the 
dayis of king James the fourt our souerane lordis grandschir of worthie memorie That 

37 



C. 8.] James VI. 1579. 

thair be na mercattis nor fairis haldia vpoun halydayis nor yit within kirkis or kirk- 
yairdis vpoun halydayis or vther dayis vndir the pane of escheating of the guidis 
Quhilk act our souerane lord and his thrie estaitis ratifeis and appreuis and ordanis 
the same to haue effect and executioun in tvme cummyng Ande seing that the sabboth 
dayis ar now commounlie violat and brokin alsweill within burgh as to landwart to 
the greit dishonour of god be balding and keiping of the saidis mercattis and fairis on 
sondayis vsing of handy laubor and working thairon as on the remanent dayis of the 
oulk be gamyng and playing passing to tavernis and ailhouses and wilful! remaning 
fra the paroche kirk in tyme of sermone or prayers on the sonday Thairfoir his 
maiestie and his thrie estatis in this present parliament statutis and ordanis That thair 
be na mercattis nor fairis haldin vpoun the sonday nor yit within kirkis or kirkyairdis 
that day or ony vther day vndir the pane of eschaeting of the guidis to the vse of the 
puyr within the parochyne And siclike that na handy lauboring or wirking be vsed 
on the sonday nor na gamyng and playing passing to tavernis and ailhouses and selling 
of meitt or drink And wilful! remanyng fra thair paroche kirk in tyme of sermone or 
prayers on the sonday be vsed vndir the panes following That is to say of euery 
persone for the handy lauboring and wirking commounlie vsed be the puyrest sort x s 
And for gamyng playing passing to tavernis and ailhouses selling of meit and drink 
and wilful! remaning fra the paroche kirk in tyme of sermone or prayers on the 
sonday of euery persone xx s To be applyit to the help and releif of the puyr of the 
parochyne And incaise of the refuise or inhabilitie of ony persone offending in the 
premises to pay the saidis panes respective presentlie and indilaitlie vpoun thair 
apprehensioun or convictioun efter lauchful! trial! he or she salbe put and haldin in 
the stokkis or sic vther Ingyne deuysit for publict pwnisment be the space of xxiiij 
houris And for executioun heirof the kingis maiesties commissioune of iusticiarie salbe 
grantit to sum persone in euery parochyne best affectit and maist able to performe 
the same at the requeist of the minister 



CAP. 13. 

[1579, cap, 75.] 

For pwnishment of personis that contempnandlie remanis rebellis and at tho home 

.... his hienes with auise of his thrie estaitis in this present parliament statutis 
and ordanis that all lettres of horning execut and indorsat or that salhappyne to be 
execut and indorsat befoir the publicatioun of this present act sal! within the space of 
fyftene dayis efter the publicatioun thairof and in all tyme thairefter within the space 
of fyftene dayis efter the denunciatioune be brocht to the schiref clerk of euery schiref- 
dome quha sal! registrat the same in the schiref buikis and deliuer the principall lettres 
agane execut and indorsat Noted on the back Registrat sic a day and subscriuit with 
his hand And within xxiiij houris efter the ressait thairof sail ressaue fra the party 
awner and presentair of the saidis lettres for his lauboris onlie vj s viij d The quhilkis 
lettrez and executionis thairof sua registrat and subscriuit on the bak be the said 
schiref clerk or the copy thairof autentiklie extractit furth of the saidis schiref buikis 
subscriuit be the said schiref clerk salbe estemit as autentik And salhaue effect and 
force in quhatsumeuir Jugement they happyne to be producit Ay and quhill the partie 
sua denuncit to the home obtene him self ordourlie relaxt thairfra Quhilk relaxatioun 
sal! alsua be maid publictlie at the mercat croce of the schire quhair he duellis and 
quhair the denunciatioune of horny ng wes maid And that the said relaxatioun and 
executioun thairof sail be likewise registrat in the said schiref buikis within xv dayis 
efter the publicatioun thairof at the said mercat croce and be alsua registrat and sub- 
scriuit on the bak in maner foirsaid vtherwayis the saidis lettres of horning and 
relaxatioun sal! nawise be haldin lauchfullie and orderlie execut Bot the executionis 
thairof null And that all schireffis haue honest famous men to thair clerkis quha be 
thame selffis or thair sufficient deputis salbe haldin to be alwayis resident within the 
held burgh of the schire for ressauing and registring of the saidis horaingis and 

38 



C. 13.] Janies VI. 1579. 

relaxationis as they sail occur Aud sail do the same trewly and orderlie within zxiiij 
hoaris vndir the pane of pament of the dampnage and interest that the party skaythit 
happynnis to sustene in thair default at the sicht and modificatioun of the lordis of 
counsale and sessioun .... 

[Inpaii rep,, 6 Ed, 7 c. 38 (S.LR.).] 



CAP. 16. 

[1579, cap, 78.] 

Aganis sic as troublis thair nychtbouris be criminale persute saikles 

FOBSAMEELE as sindry personis of mere malice and Invy calumpniattis Innocent 
personis and daylie persewis thame befoir the iustice vpoun panes criminall quhairof 
the personis accusit being Innocent ar acquit e and maid clene be the assyse And like- 
wise sindrie personis that owthir in thair awin names or be the kingis aduocattis 
vpoun thair informatioun raisis criminall lettres and summonis assyses fra the far 
pairtis of this realme oftymes vses to pas fra the persute of the lettres at the bar to 
the greit preiudice of oure souerane lord and trouble of his hienes liegis ffor remeid 
quhairof Oure souerane lord with auise of his thrie estaitis in this present parliament 
statutis and ordanis That the said is vniust perse waris sail pay the panes and vnlawis 
respective following Incaise the personis accusit happynnis to be acquite of the crymes 
laid to thair charge To be equalie deuidit betuix our souerane lord and the partie 
acquite That is to say gif the pairty acquite be onlie ane persone or ma of or within 
the nowmer of ten The sowme of ten pundis And gif the nowmer acquite be past the 
nowmer of ten the sowme of tuenty pundis And that dome be gevin thairvpoune 
befoir the iustice without further calling and the persewar haldin in waird quhill he 
mak pament And gif the kingis maiesties aduocat be onlie persewar his informar to 
pay the pane foirsaid And lettres of poynding or horning to be direct for pament 
thairof vpoun the sicht of the act of adiornall without vther calling or proces of law 
And that in tyme cuming the iustice clerk and his deputtis at the granting of the 
lettres tak souirtie for agane bringing of the lettres dewlie execut and indorsat And 
that the raisaris thairof sail persew the samyn lettres at the day appointit vndir the 
pane contenit in the actis of parliament 



CAP. 18. 

[1579, cap. 80.] 

Anent the inserting of witnesses in obligationis and writtis of importance 

ITEM it is statut and ordanit be oure souerane lord with auise of his thrie estaitis in 
parliament That all contractis obligationes reuersiones assignationes and discharges 
of reuersiones or eikis thairto And generalie all writtis importing heritable title or 
vtheris bandis and obligationes of greit importance to be maid in tyme cuming salbe 
subscriuit .... be the principall pairtijs gif they can subscriue vtherwayis be twa 
famous notaris befoir foure famous witnesses denominat be thair speciall duelling 
places or sum vther euident takens That the witnesses be knawin be present at that 
tyme Otherwyse the saidis writtis to mak na fayth 

[In part rep., 6 Ed. 7 e. 38 (S.LR.).] 



39 



C. 19.] James VI. 157.9, 

CAP. 19. 

[1579, cap, 81.] 

Anent prescriptiouo ia causses of spulyie and eiectionis 

ITEM It is statut and ordanit be our souerane lord with auise of bis tbrie estatis in 
parliament That all actionis of spulyeis eiectionis and vtberis of tbat natour be 
persewit befoir the ordiner Juge within thrie yeiris efter the committing thairof 
vtherwise the persewaris allegit hurt neuer to be hard thairefter Prouiding that this 
act extend not to minoris Bot to persew within thrie yeiris efter thair perfite aige 



CAP. 20. 

[1579, cap. 82.] 

Anent prescriptioun in causses of remouing 

ITEM It is statut and ordanit be our souerane lord with auise of his thrie estaitis 
in parliament That all actionis of removing be persewit within thrie yeiris efter the 
warning with certificatioun and they failyie the wairnaris sail neuer be hard thairefter 
to persew the samyne vpoun that warnyng 



CAP. 21. 

[1579, cap. 83.] 

Anent prescriptioun in certane causses of debt 

ITEM It is statut and ordanit be oure souerane lord with auise of his thrie estaitis in 
parliament That all actionis of debtis ffor housse mailis mennis ordinaris seruandis 
feis merchantis comptis and vther the like debtis that ar not foundat vpoune writtin 
obligationis be persewit within thrie yeiris vtherwyse the creditour salhaue na actioun 
Except he outhir preif be write or be aith of his pairty 



CAP. 37. 

[1579, cap. 92.] 



Anent the admissioun of priuie writtingis charges and 
commandis be the lordis of sessioun 

ANENT the supplicatioun gevin in be the chancellair president and remanent 
senatouris of the college of iustice Makand mentioun That quhair be the institutioun 
of the said College They ar authorizet to sitt and decide vpoun all actionis ciuile and 
nane vtheris to haue vote with thame And our said souerane lordis dearest gudeschir 
kin^ James the fyft of worthie memorie institutar of the said College promittit in the 
said institutioune thairof That he sould not be ony privat wntting cnarge or command 
at the instance of ony personis desire thame to Jo vtherwise in ony mater that sould 
cum befoir thame bot as iustice requirit Or to do ony thin^ that may brek the 
statutis maid be thair predicessouris the first senatouris of the said college at his 
faienes command and doing of iustice And that he wald gif na credite to ony man that 
wald muremuro the saidis lordis or ony of thame be doing of wrang and vnhonestie 

40 



0.37.] James VL 1579. 

Bot they sould be callit befoir him And gif they wer foundin culpable to be pwnishit 
thairfoir efter the qualitie of the fault or dimerit And gif they wer fundin clene and 
Innooent The personis complening to be pwnishit with all rigour and neuir to haue 
credit agane with his hienes as in the said institutioune Batifeit be parliament at mair 
lenth is contenit Neuirtheles within thir few yeiris bipast our souerane lordis authoritie 
and thair Jurisdictioun is greitlie troublit and callit in doubt be ressone of sindrie 
priuy writtinKis and charges direct aganis thame be our said souerane lord and his 
priuie counsaie sumtyme to forbeir to proceid in Ciuile causes befoir the intenlihg 
thairof Sumtyme to stay the proces and remit the causes to the parliament quhilk 
syndic hauldis And thairthrow diners partijs ar oftymes frustrat and dilayit of iustice 
And sumtymes efter the decreitis gevin the executioun thairof ar stoppit as sindrie 
of the nowmer of the said College awaiting on the saidis lordis of articles can specialie 
declair Quhilk as it tendis to thair discrediting Sua it bringis contempt to oure 
souerane lordis authoritie and castis the partijs havand thair causes in procese (to 
quhome iustice sould alwayis be patent) in greit doubt Quhen they fynd not ane 
outgait to haue thair causes decidit quhair they ar intentit And the kingis maiestie 
his parliament and priuie counsaie salhaue litill tyme and opportunitie To considder 
his hienes awin affairis and the causes of the commounweill gif that at the Inoportune 
sute of priuat partijs the ciuile causes ordourlie belanging to the Jugement of the 
College of iustice salbe brocht befoir thame Thairfoir our souerane lord with auise 
of his thrie estaitis of this present parliament hes declarit decernit and ordanit lyk as 
they be the tennour heirof declaris decernis and ordanis the saidis lordis of counsaie 
ana sessioun To proceid in all the saidis Ciuile causes intentit and depending befoir 
thame or to be intentit and to cans execut thair decreittis alrady gevin or to be gevin 
notwithstanding ony priuat writing charge or command at the instance of ony 
persone or personis direct or to be direct in the contrair 



CAP. 38. 

[1579, cap. 93.] 



Anemt the admissioun of the ordiner lordis of the sessioun 
and Beformatioun of certane abuses 

FOBSAMEKLE as it is hevely murmurit be diners liegis of this realme That our 
souerane lord electis and chesis voung men without granitic knawle^e and experience 
not havand sufficient leving of thair awin vpoun the sessioun And that sum of thame 
be thame selffis thair wiffis or seruandis takkis buddis brvbis guidis and geir Sua that 
iustice in effect is coft and sauld ffor remeid quhairof The kingis maiestie with auise 
of his thrie estaitis of this present parliament statutis and ordanis That nane of the 
lordis of sessioun alrady ressauit or to be ressauit naither be thame selffis or be thair 
wyffis or seruandis Tak in ony tyme cuming buddis brybis guidis or geir fra quhat- 
sumeuir persone or personis presentlie havand or that heirefter salhappyne to haue 
ony actionis or causses persewit befoir thame outhir fra the persewar or defendar 
vndir the pane of confiscatioune of all thair movable guidis that dois in the contrair 
The ane half thairof to be applyit to our souerane lord And the vther half to the 
reveilar and tryar of the saidis budtakaris And further decernis and ordanis the saidis 
budtakaris to be displacet and depriuit simpliciter of thair offices quhilkis they beir 
in the College of iustice and to be declarit infame And als to be pwnishit in thair 
personis at the kingis maiesties will And siclike oure said souerane lord with auise 
foirsaid hes declarit and declaris That in all tyme cuming quhen ony ordinar place 
vaikis in the sessioun That our said souerane lord sail present and nominat thairto 
Ane manr that feiris god of gude literature vndirstanding of the lawes of gude fame 
haveing sufficient leving of his awin and quha can mak gude expeditioun and depasche 
of materis concerning the liegis of this realme. Quha salbe first sufficientlie tryit and 
ezaminat be ane nowmer of the saidis ordiner lordis .... 

[In part rep., 6 Ei. 7 c. 38 (5.i.i?.).] 

41 



.0.45.] Ja7fui8 VI. 1579. 

CAP. 45. 

[1579, cap. 94.] 

Dbglaratioun Anent the preving of lettres of hornyng 
and executioDis thairof oe witnesses 

.... Oure souerane lord with auise of the thrie estaitis of this present parliament 
hes declarit and declaris That in all tyme cuming na tennour of lettres of hornyng 
executionis and indorsation thairof not extant and producit iudiciallie salbe admittit 
to be provin be witnesses in quhatsumeuir actioune or cans persewit or to be 
persewit be the liegis of this realme befoir quhatsumeuir Juge or Juges within the 
samyne .... 

[In part rep., 6 Ed, 7 c. 38 (S.L.R.).] 



PAELIAMENT AT EDINBUKGH, 24th October 1581. 

CAP. 2. 

[1581, cap. 100.] 

Anbnt prouisioun of miuisteris and certane stipendis for thame at all paroche 
kirkis and appointing of Commissioneris for ordering thairof 

ITEM Becaus for laik of preching and teiching in sindrie partis of the Realme monie 
people ar suspectit To be fallin in greit ignorance and danger of godles atheisme It 
being found maist difficill That in the charge of pluracie of kirkkis ony ane minister 
may instruct mone flokis Thairfoir it is thocht expedient statute and ordanit be oure 
souerane lord and his thre estatis of this present parliament That euerie paroche kirk 
and samekle boundis as salbe found to be a sufficient and a competent parochrie 
Thairfoir sail have thair awin pastoure with a sufficient and Bessonable stipend 
According to the state and habilitie of the place .... 

[In part rep., 6 Ed. 7 c. 38 {S.L.R.).] 



CAP. 22. 

[1581, cap. 117.] 

Additioun to the act of Lawborrowis 

.... Oure souerane lord with aduise of his thre estatis in this present parliament 
Ordanis that all lettoris of lawborrowis salbe direct in tyme cuming at the instance of 
the pairteis complenand chargeing the personis complenit vpoun to lind sicker souertie 
and lawborrowis that the complenaris thair wyffis bairuis tenentis and seruandis salbe 
harmeles and skaithles in thair bodeis landis takkis pqssessionis guidis and geir and 
on na way is to be molestit or trublit thairin be the personis complenit vpoun nor 
na vtheris of thair causing sending bunding out resetting command assistance and 
ratihabitioun quhome thai may stop or let direclie or Indireclie vthirwayis nor be 
the ordoure of law and iustice vnder greit panes to be modifeit be the .... ordinar 
Judges Be quhome in caise the said lawborrowis salbe dewlie tryit to be brokin the 
ane half of the pane sail pertene to oure souerane lord and the vther half to the pairte 
grevit according to the effect and meaning of the said act maid to that effect of oefoir 

[In part rep., 6 Ed, 7 c. 38 {S.L.R.),] 

42 



a 23.] Jamts VL 1581. 

CAP. 23. 

[1581, ca'p. 118.] 

Anent deforcementis breking of arreistmentis and alieuationis 

maid in defraud of creditouris 

. ... It is statute and ordanit That the lordis of counsell and sessioun proceid 
summarlie and diligentlie in all actionis of deforcementis and breking of arreistmentis 
to be intentit befoir tbame at the instance of qubatsumever personis and specialie that 
the saidis actionis quhen thai ar callit sail with all convenient speid without Inter- 
missioun be put to ane point efter the calling thairof And that the personis convict 
of deforcementis or breking of arreistment salbe punesit be the escheit of thair guidis 
moveabill and punischment of thair personis at oure said souerane lordis will according 
to the lawes obseniit of befoir with this additioun That the pairte recoverair of the 
sentence salbe first pait of his debt and of his expensses to be heichlie taxit be the 
saidis lordis and of ane certane sowme of money to be modefeit at the saidis lordis 
discretioun to the pairty for the dampnage and interes sustenit be thame Anent the 
quhilk the pairty interest sail haue reddie executioun vpoun the first and Beddiest 
guidis and geir of the persoun convict Nochtwithstanding the Hicht of the escheit 
pertenyng to oure said souerane Lord quha for weill of his subiectis will and grantis 
that the creditouris be preferrit to him in this caise And further with aduise of the 
saidis thre estatis It is statute and ordanit be his hines That all giftis of escheit 
quhilkis salbe gevin heirefter to qubatsumever persoun or personis of geir guidis and 
vtheris cumand in his hines handis for deforcement or breking of arreistment sail 
contene express exceptiouu and Reseruatioun to the creditoure of the sowmes recoverit 
for his principale debt expensis and sowme to be modifeit as said is And gif ony gift 
of escheit proceding vpoun this cause foirsaid be gevin without the said reservatioun 
and exception n The same salbe null and of nane availl .... 

\In^ri rep,, 6 Ed, 7 c. 38 {S,L.K\] 



CAP. 26. 

[1581, cap. 119.] 

Anent the conuentioun of burrowis 

FORSAMEKILL as it wes found necesser to oure souerane lord and his hines 
predicessouris That the commissionaris of burrowis convene at sic tvmes as they suld 
think guid in quhat burgh they thocht maist expedient with full commissioun To 
treat vpoun the weilfair of marchandis marchandice guid rewle and statutis for the 
commone profite of burrowis as at mair lenth is contenit in the actis of parliament 
maid thairanent and anent the priuilege of burrowis Thairfoir oure souerane lord 
with aduise of his thre estatis of this present parliament Batifeis and apprevis the 
saidis actis And for bettir obseruatioun of the saidis conventionis be sic burrowis 
as hes heirtofoir not send thair commissioneris at onie tyme thairto hes statute and 
ordanit that in tyme cuming quhen onie conventionis of burrowis is appointit to the 
maist pairt of the saidis burrowis or be the burgh of edinburgh and onie sex or aucht 
of the rest The burgh warnit thairto be onie missiue bill of the provest and bailyeis 
of the bur^h quhair the said conventioun is to be haldin or vthir wayis lawfullie cytat 
thairto and not compeirand be thair commissioner sufficientlie instruct sail pay to the 
chargeis of the burghis that sail convene the sowme of twentie pundis And ordanis 
the Lordis of counsell and sessioun to grant and direct letteris of hornyng or poinding 
aganis the burrowis absent fra the same conventioun and adiudget be the Remanent 
burrowis to haue Incurrit the said pane .and vnlaw and this at the instance of the 
burgh of edinburgh without farther proces and calling of pairtie thairto The saidis 
Lordis seand the act autentikle subscrivit be the clerk of that conventioun That thai 
ar absent and convict as said is 

43 



C. 2.] Javus VL 1584. 

PARLIAMENT AT EDINBUEGH, 19th may 1584. 

CAP. 2. 

[1584, cap. 129.] 

Ane act confirming th« kingis maiesties Royall power over 
all Btatis and subiectis within this Bealme 

FORSAMEKLE as syndrie personis being laitlie callit befoir the kingis maiestie and 
his secrete counsell to ansuer vpoun certane pointis to haue bene inquirit of thame 
concerning sum treasouuable seditious and contumelious spechis vtterit be thame 
in pulpet scolis and vtherwayis to the disdane and reproche of his hienes his pro- 
genitouris and present counsell contemptuouslie declinit the Jugement of his hienes 
and his said counsell in that behalf To the ovill exemple of vtheris to do the lik gif 
tymous remeid be not providit THAIRFOIR our souerane lord and his thrie estatis 
assemblit in this present Parliament ratefeis and apprevis and perpetuallie confirmis 
the royall power and auctoritie over all statis alsweill spirituall as temporal! within 
this realme in the persoun of the kingis maiestie our souerane lord his airis and 
successouris And als statutis and ordinis That his hienes his said aris and successouris 
be thame selffis and thair counsellis ar and in tyme to cum salbe Juges competent to 
all personis his hienes subiectis of quhatsumeuir estate degrie functioun or conditioun 
that euer they be of spirituall or temporall In all materis quhairin they or ony of 
thame salbe apprehendit summound or chargeit to ansuer to sic thingis as salbe 
inquirit of thame be our said souerane lord and his counsell And that nano of thame 
quhilkis sail happin to be apprehendit callit or summound to the effect foirsaid 
presume or tak vpoun hand to decline the Jugement of his hienes his airis or 
successouris or thair counsell in the premisses vnder the pane of treasoun 



CAP. 4. 
[1584, cap, 131.] 



Ane act dischargeing all Jurisdictionis and Jugementis not approuit be Parliament 
and all assembleis and conventionis without our souerane lordis speciall licence 
and Commandement 

FORSAMEKLE as in the trublous tymis during thir xxiiij yeris bypast syndrie 
fbrmis of Jugementis and Jurisdictionis alsweill in spirituall as temporall causses 
ar enterit in the practis and custome quhairby the kingis maiesties subiectis ar 
oftymis convocat and assemblit togidder and panis alsweill ciuill and pecuniall as 
ecclesiasticall inionit vnto thame proces led and deduceit sentences and decreitis 
gevin and the same put in execution n na sic ordour as yit being alio wit of and 
approuit be his maiestie and his thrie estatis in Parliament contrare the custome 
obseruit in ony vther christiane kingdome or weill goueruit commoun weill and to 
the diminissing of the force and power of his hienes awin lawis be the quhilkis his 
maiesties subiectis aucht to be rewllit And speciallie his hienes and his estatis con- 
sidering That in the saidis assembleis certane his subiectis haue takin vpoun thame 
to Justifie and auctorizo the fact perpetrate aganis his hienes persoun and estate at 
Ruthven and prosecutit thairefter quhill his maiestie at goddis pleasour recoverit his 
libertie having in thair pretendit maner maid actis thairvpoun kepis the same in 
Register and as yit semis to allow the said attemptat althocht now publictlie con- 
dampnit be his hienes and estatis as treasounsable nane of the authoris thairof having 
crayit his hienes pardone thairfoir ffor remeid quhairof in tyme cumming sua that 
according to the lovable act of his darrest |;uidsir king James the ferd of wprthie 
memorie All his hienes liegeis (being vnder his obeissance) man be rewllit be his awin 
liiwis and the commoun lawis of this realme and be nane vther lawis OURE 

44 



C. 4.] James VI. 1584. 

SOUEBANE LORD and his thrie estatis assemblit in this present parliament 
dischargeis all Jugementis and Jurisdictionis spirituall or temporall accustomat to be 
vsit and execute vpoun ony of his hienes subiectis quhilkis ar not approuit be his 
hienes and his saidis thrie estatis convenit in Parliament and decernis the same to 
ceis in tyme cummin^ quhill the ordour thairof be first seue and considerit be his 
[hienes and his saidis thrie] estatis [conuenit] in Parliament and be allowit and 
ratefeit be thame Certefeing thame that sail proceid in vsing and exerceing of the 
saidis Jugementis and Jurisdictionis or in obeying of the same not being allowit nor 
ratefeit as said is They salbe repute haldin callit perse wit and pvnissit as vsurparis 
and oontempnaris of his hienes auctoritie in exemple of vtheris And als it is statute 
and ordinit be our said souerane lord and his thrie estatis That nane of his hienes 
subiectis of quhatsumeuer qualitie estate or functioun they be of spirituall or temporall 
presume or tak vpoun had to convocat convene or assemble thame selffis togidder for 
balding of counsellis conventionis or assembleis To creat consult and determinat in 
ony mater of estate ciuill or ecclesiasticall (except in the ordinare Jugementis) without 
his maiesties speciall commandement expres licence had and obtenit to that effect 
vnder the panis ordinit be the lawis and actis of Parliament aganis sic as vnlawfullie 
convocatis the kingis liegeis 



CAP. 6. 
[1584, cap. 133.] 



That ministeris sail not be Jugeis nor exerce ony vther ordinare 
office that may abstract thame fra thair office 

THE kingis maiestie and his thrie estatis assemblit in this present parliament 
earnistlie desirous That all his loving and guid subiectis salbe faitbfullie instructit in 
the doctrine of thair saluatioun And that the ministeris of godis word and sacra- 
mentis may the better and mair diligentlie attend vpoun thair awin chargeis and 
vocatioun Thairfoir statutis and ordinis that all the saidis ministeris sail lawfullie 
await thairvpoun to the comfort and edificatioun of the flokis committit vuto thame 
And that nane of thame presentlie being in that functioun or that salbe admittit 
thairto in tyme cumming sail in ony wayis accept vse or administrat ony place of 
Judicature in quhatsumeuir ciuill or criminall causes not to be of the college of 
Justice commissionaris aduocatis court clerkis or notaris in ony materis (the making 
of testamentis onlie exceptit) vnder the pane of depriuatioun from thair benefices 
levincis and functioun And gif thev failyie heirin being callit tryit [and] adiugeit 
culpable be thair ordinaris or the kingis maiesties commissionaris in ecclesiasticall 
causes They sail then tyne thair saidis benefices and levingis and vtheris qualefeit 
personis salbe presentit and prouidit thairto as gif they wer naturallie dead 



CAP. 15. 

[1584, cap. 139.] 

Ane act anent the better executioun of decreittis 

OURE Souerane [Lord] with auise and consent of his hienes thrie estatis of this 
present parliament hes ratefijt and appreuit and be the tennour heirof ratefijs and 
appreuis the act and statute vnderwrittin And decernis and declaris the same to haue 
strenth force and effect of ane act of parliament Of the auhilk the tennour foUowis 
AT Edinburgh the xxiij day of marche The yeir of god J^v^ fourscoir twa yeris The 
quhilk day in presence of the kingis maiestie sittand in Jugement and lordis of his 
hienes counsell and sessioun comperit maister dauid macgill of neisbit and in his awin 

45 



C. 15.] James VI. 1584 

name as aduocat to his bienes and in name of his maiesties maist faithfull humbill and 
obedient subiectis of his realme exponit and declarit how it wes hevelie meanit be his 
maiesties said subiectis That efter the tedious chargeable and langsum persute in 
obtening of thair decreitis the malice of personis had daylie sua increscit be making 
of simulat and fals assignationis of thair movable guidis fraudfull and priuat aliena- 
tionis of thair possessionis landis and herctageis That the execuliioun of the decfeitis 
gevin be quhatsumeuir Jugeis within this his hienes realme althocht obtenit be maist 
kngsum proces wer altogidder frustrat at leist sua delayit that parties wer in na 
better cace efter the obtening of thair saidis decretis nor gif the samyn had not bene 
gevin The saidis manifest fraudis and daylie Inuentit coUusionis being the stay of 
Justice quhairof the principall pairt standis in executioun ffor remede of the same 
Consideratioun being tane be his maiestie with auise of the lordis of his hienes counsel! 
and sessioun to quhome be his maiesties maist noble progenitouris king James the fift 
of guid memorie erectar of the college of Justice with consent of parliament The con- 
cluding vpoun rewllis statutis and ordinancis for expeditioun of Justice wes committit 
THAIRFOIR his hienes with aduise and consent foirsaid hes statute and ordinit that 
for executioun of all decreitis alsweill gevin be the saidis lordis in ony tyme bygane 
as to be gevin in tyme cumming And siclike of decretis gevin or to be gevin be quhat- 
sumeuir Jugeis within this his maiesties realme quhairvnto the authoritie of the saidis 
lordis of sessioun hes bene or sail happin to be interponit That lettres alsweill of 
horning as poinding the ane not preiudiciall to the vther salbe directit at the will and 
pleasure of the partie obtenar of the decrete Quhidder the same be gevin vpon liquidat 
sowmis or that the executioun thairof vtherwayis consist in facto And that na suspen- 
sioun be grantit vpoun the executioun of the saidis decreittis without reall offer be 
first maid to the pairtie in quhais fauouris the executionis of the saidis decreittis is 
directit And the pairties refuis sufficientlie verifijt to the saidis lordis Gonsignatioun 
alwayis being maid as vse is And that according to thair lait statute and ordinance 
quhilk his maiestie with all vtheris thair statutis and ordinancis maid for expeditioun 
and executioun of Justice ratefeit and appreuit PBOUIDING alwayis that considera- 
tioun be had vpoun the space and dayis of the chargeis and that according to the 
distance of the defendaris duelling places And the quantitie of the sowmis contenit 
in the saidis decreittis 



PARLIAMENT AT EDINBURGH, 20tii august 1548. 

CAP. 10. 

[1584, cap. 3.] 

Anent decreittis gevin vpoun dowbill poinding or horning 

FORSAMEEILL as complaint being movit at the instance of tennentis of landis aganis 
diuerse pairteis be quhome they ar chargit poy ndit and distreinyeit for thair mailles and 
dewteis And of the pairteis complanit vpoun comperand and schawand [thair] richt and 
titill of the landis And the vther being lawfullie summound and nocht comperand the 
pairtie comperand is ordanit to be ansuerit and obeyit of the mailles and dewteis of 
the landis being in questiouu according to his richt and titill then schawin and 
producit not simpliciter bot with this limitatioun for ocht that the lordis of counsall 
or vtheris Judgis ordinaris befoir quhome the said actioun dependis had sene And 
the vther pairtie lawfullie summound and nocht comperand is lykwayis decemit to 
desist and ceis [f ra] all forder molestatioun or trubilling of the saidis tennentis for 
ocht that the saidis lordis then had sene Be the quhilk decreit the pairtie comperand hes 
vndowtit richt to the maillis and dewteis [of] the landis ay and quhill he be wamit at 
the instance of the vther pairtie and better richt schawin And becaus mony yeiris 
efter the geving of the samyn decreit the pairtie quha wes lawfully summound and be 
contumacie wes absent hes intentit actioun for reductioun of the said decreit from the 

46 



0.10.] Jam^ VI. 1584 

begynoini; And consequentlie for oompelling of the pairtie obtenar thairof to rander 
and restoir the haill profSttis of the landis intromettitwith be him of mony yeiris 
Expres aganis the prouisioun of the commoun law and guid ressoun That he quha 
comperis and obey is the Juge salbe in war caice nor he quha contempnit the Judge- 
ment and absentia him thairfra FOR BEMEID quhairof IT is statute and ordanit 
that quhen euir the pairtie not comperand is lawfullie summound and shawis not richt 
he sail not be hard to retreite and reduce the said decreit nor yit salbe restorit agane 
to the samyn except he haif Ane necessar caus of his absence and nocht oomperauce 
quhen he wes summound Nor yit sail haif ony actioun for the byrun proffittis Intro- 
mettitwith be the obtener of the decreit fra the obtening thairof And he quha obtenis 
the said decreit sail only be oblissit to ansuer the vther pairtie complenand in the 
secund instance according to the richt quhilk is then competent in his persoun and 
quhilk he sail shaw and produce vailyeable to bruik at the tyme of his complaint and 
sute and na vtherwayis And that this ordour be kepit and obseruit befoir the Lordis 
of sessioun and vtheris Judgis as effeiris not only in all sic questionis as may occur 
heirefter Bot als in all materis of the elyke sorte bygane intentit or to be mtentit 
dependand and vndecydit befoir the saidis lordis of sessioun and vther Judges ordinare 
IT is alwayis prouidit that gif the pairtie callit and not comperand in the first instance 
be minor and haif tutouris and curatouris he sail haif his actioun for his dampnage 
and enteres sustenit be him throw his noncomperance aganis his tutouris and curatouris 
allanerlie And ^f the persoun being minor and haif na tutouris nor curatouris sail 
haif thair remeid to be restorit in Integrum as accordis of the law vpoun ressonable 
causes proponit to that effect 



CAP. 11. 

[1584, cap. 4.] 

Ane act explanand the act of parliament maid of befoir Anent 
subscriving and seling of wryittis of greit Importance 

THE kingis maiestie with aduise of the thrie estaitis of this present parliament exponis 
and declaris That the act anent the seilling of wryittis of Importance is nocht to be 
vnderstand of sik wryittis coutractis or obligationis as ar be the parteis aggreit vpon 
To be registrat in the buikis of our souerane lordis consale or vther ordmer Juges 
Seing the parteis consentis to registrat the same Quhilk is ane griter solempt act nor 
the seling thairof and that the non seling of the same sail be [na] exceptioun aganis 
the validitie of the saidis wryittis being subscriwit be the parteis and aggreit on to be 
registrat as said is Quhilkis his maiestie and estaitis foirsaidis declaris to neid na seillis 
nather that the said act Anent the saidis wryittis to be subscriwit be twa notaris salbe 
extendit to instrumentis of sesing Quhairinto ane faythfull notar with ane ressonabill 
number of honest and famous witnesses is sufficient And this declaratioun to be 
obseruit as ane law in all tyme cumming 



PARLIAMENT AT LINLITHGOW, 1st dbcembkr 1585. 

CAP. 1. 

[1585, cap. 10.] 

Ane Act aganis the authouris of slaunderous spechis or Writtis 

FORSAMEKLE as in the troublous tymes bypast dyuerse of cure souerane lordis 
liegis hes takin on thame a licentious libertie and presumptioun to speik and wryte 
mony thingis of his Maiestie vncumlie and na wayis allowable in ony christiane 
realme or commoun welth quhilk hes bene in tyme past and may be in tyme cuming 

47 



C.l:] James VI. 1585. 

the occasioun of disordour and inquietnea gif the like salbe sufferrit heirefter vopun- 
issit THAIBFOIB oure souerane lord with aduyse of his thrie estaittis convenit in 
this present parliament statuittis and ordanis That all his hienes subiectis contene 
thame selffis in quietnes and dewtifull obedience to his hienes and his auctoritie And 
that nane of thame presume or tak vpoun band publictlie to declame or priuatlie to 
speik or wryit ony purpos of reproche or slaunder of his Maiesteis personn estait or 
gouernament Or to aeprave his lawis and actis of parliament or misconstrue his pro- 
cedingis quhairby ony misliking may be moved betuix his hienes and his nobilitie and 
loving subiectis in tyme cuming .... Certifeing thame that dois in the contrair Thay 
salbe repute as sedicious and wicked instrumentis enemeis to his hienes and the 
commoun weill of this Bealme .... 

[In 'part rep,, 6 Ed. 7 c. 38 (*Sf.L.5.).] 



CAP. 6. 

[1585, cap. 12.] 

Ane Act aganis leaguis and bandis 

FOBSAMEELE as thair was ane act maid of befoir in the regiment of vmquhile 
marie Q. Dowarrier and regent of this realme our souerane lordis guddame of worthie 
memorie anent leaguis and bandis as being thocht aganis all law and obedience of 
subiectis towardis thair princes quhilk act sen the making not weill obseruit IT hes 
gevin occasioun in a pairt of mony trubles That hes occurrit sensyne QUHAIBFOIB 
OUB SOUEBANE LOBD with aduise of his thre estaitis convenit in this present 
parliament ratefeis apprevis and for his successouris perpetuallie confermis the said 
act of parliament and ordanis the same to haif full effect and executioun in tyme 
cuming And alse of new with aduise of his saidis thrie estaitis dischargis and annullis 
all leagues and bandis maid betuix his liegis and subiectis in tyme bigane preceiding 
the dait thairof And statutis and ordanis that in tyme cuming [na] leagues and bandis 
be maid amangis his subiectis of ony degree vpoun quhatsumeuir collour or pretense 
without his hienes or his successouris privitie and consent had and obtenit thairto 
ynder the pane to be haldin and execute as mowaris of seditioun and inquietnes To 
the break and trouble of the publict peax of the realme and to be callit and persewit 
thairfoir with all rigour in example of vtheris 



CAP. 25. 

[1585, cap. 18.] 

Deglaratioun of the lord Hamiltoun To be curatour to the 

erle of arrane his brother 

OUBE Souerane Lord be aduise of this present parliament statutis and ordanis that 
the nearest agnettis and kinsmen of naturall foulis Ideottis and furious Salbe seruit 
ressauit and preferrit according to the dispositioun of the commoun law to thair 
tutorie and curatorie .... 

[InpaH rep., 6 Ed. 7 c. 38 {S.L.R.).] 



48 



A 6.] James VI. 1587. 

PARLIAMENT AT HOLYROOD HOUSE, 8th july 1587. 

CAP. 6. 

[1587, cap. 27.] 

For pynishment of the committaris of disordouris in the kirk in tyme of divine 
seruice or forcearis of ministeris in thair office and functioun 

OITRE Souerane Lord with auise of his thrie estaitis in this present parliament 
statuitis and ordanis That quhatsumeuir persoun or personis salhappin heirefter to 
perturbe the ordour of the kirk in tyme of divine seruice or to mak onie tumult raise 
ony fray ather in kirk or kirk yaird quhairthrow the people than convenit salhappin 
to be disorderit trublit or dispersit The samin salbe ane point of dittay and the 
personis to be convict thairof sail tyne all thair movable guidis to be escheitit to our 
souerane lord for thair offence but preiudice of greittair punisement gif thair happin 
onie grittair offence (as slauchter blude mutilatioun schuiting of hagbuttis and pistol- 
ettis) according to the lawis of this realme And forsamekle as diuerse personis having 
committit sindrie offences for the quhilkis thai merite to be separat frome the societie 
of the kirk and yit seikis na reconciliatioun thairvnto Bot for necessitie of baptisme to 
thair bairnis or mariage of thame selffis or of thair freindis sumtymes minassis and 
bostis the saidis ministeris and sumtymes for seiking of thair levingis or sic vther 
querrellis spairis not to put violent handis in thame FOR REMEID quhairof It is 
statute and ordanit be our said souerane lord with auise of the estaitis foirsaidis 
That quhatsumeuir persoun or personis Invaidis ony minister or putis ony violent 
handis in him for the causses abone expremit or ony vther sic forgit querrell Salbe 
pvnissit thairfoir with all rigour and Incure the pane of tinsall of all thair movable 
guidis for the said invasiouu and violence allanerlie albeit na slauchter nor mutilatioun 
follow thairvpoun The ane half of the saidis movable guidis to be applyit to our 
souerane lordis vse and the vther to the partie offendit but preiudice of greittair 
punishement gif ony heicher cryme concur with the violence and Invasioun foirsaidis 
And for the better executioun heirof It is statue and ordanit that all personis dilaitit 
of the saidis offences salbe callit and persewit thairfoir criminallie befoir the Justice 
and his deputtis ather in Justice airis or at particular dyettis And that lettres be 
direct to that effect in commoun forme at the instance of the minister or the kingis 
aduocat or procuratour for the kirk or ony vther that will persew the saidis offences 
And quhair ony excommunicat persoun enteris in the congregatioun the tyme of the 
ministratioun of the sacramentis or commoun prayeris The minister being certifiet 
thairof sail incontinent thaireftir charge the excommunicat persoun in the Name of 
god and our souerane lord to depairt quhilk being refuised he sail efter the ministra- 
tioun of the sacramentis or commoun prayeris endit Require samonie of the maist 
wyse discreit and substantious of the parroche as he pleisses That thai in our souerane 
lordis Name sail tak and apprehend the said excommunicat persoun and present him 
to the iudge ordiner within the boundis of the schyre quhair the parroche lyis quhilk 
iudge ordiner salbe haldin to ressaue the same excommunicat persoun of thair handes 
and keip and retene him in prisone till he find cautioun vnder sic sowmes as salbe 
modifiit be the minister and samony of the eldaris of that kirk as ar present for the 
tyme or resortis to the oulklie assembleis That the excommunicat persoun reconciliat 
him selff to the kirk and sail mak amendis for the said offence And gif the excom- 
municat persoun foirsaid deforceis ony of thame in the executioun of the premisses he 
being convict thairof his movable guidis sail fall in escheit to our souerane lord and 
his persoun sail be punissit at his hienes will and plesure 



S. A. 49 



0.30.] James VI. 1587. 

CAP. 30. 

[1587, cap. 46.] 

For reformatioun of the extraordiner nowmer and moDyfauld abuses of 

officiaris of Armes 

OUBE Souerane Lord and thrie estaitis of parliament Considering how of late yeiris 
thair is enterit in the office of armes sindry extraordinar masseris and pursevantis and 
a verie greit nowmer of messingeris thr6w importune suit of diuerse pairtijs in sio a 
confusit and incertane maner that it is becum doubtfoull quha ar admittit and how 
and quha deprived or not or quhidder thair cautioneris be levand or depairtit this 
lyfif And seing thair wes alwayes in tymes of best governament a certane nowmer of 
officiaris of armes IT is now thairfoir thocht expedient statute and ordanit That in 
tyme cuming thair salbe onlie tua hundreth personis weirand and beirand our souerane 
lordis armes in the haill boundis of the realme of Scotland In quhilk nowmer lyoun 
king of armes and his brether the ordiner herauldis masseris and pursevantis salbe 
comprehendit being in nowmer xvij personis and the remanent to be diuidit amangis 
the remanent scbirefdomes of the realme in maner efterfollowing That is to say within 
the schirefdome of orknay and Zetland iiij within the schirefdome of Inuernes and 
cromartie x within the schirefdome of Name ij within the schirefdome of elgin and 
foress v within the schirefdome of Banff iiij within the schirefdome of aberdene xij 
within the schirefdome of kincardin iiij within the schirefdome of forfare x within the 
schirefdome fyff x within the schirefdome of kinross ij within the schirefdome of clak- 
mannan ij within the schirefdome of perth and stewartries of menteyth and stratherne 
xij within the schirefdome of striuilin^ v within the schirefdome of Dunbartane iiij 
within the schirefdome of lynlythgw iiij within the schirefdome of Edinburgh prin- 
oipall xxiiij within the schirefdome of odinburgh and constabularie of hadingtoun iiij 
within the schirefdome of berwick iiij within the schirefdome of Boxburght viij 
within the schirefdome of Selkirk ij within the schirefdome of peibles iij witnin the 
schirefdome of lanerk x within the schirefdome of renfrew iiij within the schirefdome 
of Ergile and tarbert iiij within the schirefdome of bute ij within the Schirrefdome of 
air xij within the schirefdome of wigtoun iiij within the schirefdome of Dumfries and 
stewartries of kirkcudbricht and annerdaill xij And to the effect that the ordour now 
appoyntit may tak the better effect Ordanis and commandis lioun king of armes That 
he onnawyse ressaue ony maner of personis to the office of messingerie in tyme cuming 
except it be in the place of ane of the personis that salbe thocht meit to be retenit 
after the first day of nouember nixtocum be his deceise or deprivatioun Notwith- 
standing ony precept or warrand geyin or to be gevin in the contrair Quhairin gif he 
failye he sail incur the indi^natioun of our souerane lord and the persoun sa admittit 
salhave na place to vse and exerce the said office nor his executionis quhatsumeuer 
sail nawyse be valide in Jugement or outwith • . . . Oure souerane lord ordanis 
.... for all complaintes to be maid to lyoun king of armes vpoun the defaultis of 
officiaris in tyme cuming he sail sett twa peremptour [Courtes] in the yeir to be haldiu 
in Edinburgh vpoun the sext day of maij and the sext day of november gif thai be 
laucbfull and failyeing thairof the nixt lauchfull dayes and sail summound the pairtie 
complenit vpoun be his precept conteneand the cause of the complaint relevantlio 
libellit and cause summound the personis accusit and his cautioner on xv dayes 
warning and deliver thame copies Cfoncluidand incaise the officiar be fund culpable not 
onlie his deprivatioun fra the office Bot his cautioner to Incur the pane quhairof the 
thrid pairt sail appertene to the said lyoun king of armes for his laubouris And that 
his actis and decreitia be formally writtin and registrat and patent to all our souerane 
lordis lieges havand interesse and siclike lettres conforme to pas thairvpoun as vpoun 
the decreitis of quhatsumeuer Juges ordiner within this realme 

[In part rep., 6 Ed. 7 c. 38 (S.LR,).] 



50 



€.37.] James VI. 1587. 

CAP. 37. 

[1587, cap. 54.] 

Aganis extraordiner impositionis layed vpoun victuallis 

FOBSAMEKLE as ane of the speciall causes of derth proceidis frome the exorbitant 
custiitmes and impositionis layed vpoun victuallis coirnis and guidis cumand to mer- 
cattes fre portis or heavins without ony warrand and quhairof thai have not bene in 
vse and custume past memoir of man quhilk is ane oppressioun of the people and ane 
caus of incres of derth Thairfoir our souerane lord with auise of the thre estaitis of 
parliament forbiddis and discharges throw the haill realme all sic custumes and im- 
positionis quhairof thair is na warrand Nather haif the intromettouris and vptakeris 
thairof and thair predicessouris bene in vse and possessioun thairof past memoir of 
man vnder the pane of 

And ordanis the takeris of the saidis exorbitant impositionis To be callit thairfoir 
and quhateuer they have vptane to be adiugeit to rander the samin to the kingis 
Maiesties vse and thay forder to be punist in thair personis and guidis as oppressouris 
of the people Conforme to the lawes of the cuntrie and that na custume be tane heir- 
efter bot according to our auld lawis and actis of parliament and quhairvpoun the 
vptakeris hes speciale warrand at the leist bene in possessioun thairof past memoir of 
man as said is 



CAP. 43. 

[1587, cap. 59.] 

Aganis slayeris of deir and vtheris wyld beastis 

OUBE Souerane Lord vnderstanding that thair hes bene diuerse actis of parliament 
maid of befoir anent the slaying of harte hynd da Ra hairis cuningis and vtheris wyld 
beastis with culueringis corsbowis and handbowis and specialie the actis maid in the 
parliament haldin at Edinburgh in december The yeir of god J^vO Ixvij and in 
november Ixxxj yeiris Quhilkis actis hidderto hes tane na effect and that in default 
of the magistratis quhilkis wer appoyntit to put the same to executioun THAIRFOIR 
his hienes with auise of his thre estaitis of this present parliament hes ratifiet and 
apprevit the saidis haill actis in all poyntis passes clauses and articles thairof with 
this additioun That the slayeris and schuittaris of hart hynd da ra hairis cuningis and 
vtheris beistis without licence or allowance of the awneris salbe lyk cryme to the 
oommittaris as the steillaris of horse and oxin and the committaris thairof sail incur 
the pane and punischement dew to the cryme of thift 



CAP. 54. 

[1587, capp. 75, 77.] 



For the help and augmentatioun of the kingis Maiesties rentis in his 

thesaurarie and casualities 



[Sees, (l)-(7) rep., 6 Hd. 7 c. 38 (S.L.R.).] 

(8) ITEM It is statute and ordanit That all schireffis in tyme cuming mak compt to 
the chekker of quhatsumeuer escheitis vptakin and intromettitwith be thame within 
thair iurisdictionis and that ilk schiref charge him selff specialie with the same 
escheitis in ilk chekker yeirlie 

51 



.0.54] James VL 1857. 

[Sec. (9) rep., 6 Ed. 7 c. 38 (-S.L.jB.).] 

(10) ITEM That the thesaurair and aduocat persew slauchteris and vtheris crymes 
althocht the pairties be silent or wald vtherwaves privelie aggree and that in iustice 
airis or particular diettis the haill assyissouris be callit for and the absentia amerchiat 
to move thame to mak the better obedience 

[Sees. (11H15) rep., QEd.T e. 38 (S.LR.).] 



CAP. 57. 

[1587, eapp. 91, 92.] 
For the furtherance and furthsetting of the criminall iustice ower all the Bealme 

[Sees. (1H9) rep., 6 Ed. 7 c. 38 (S.L.R.).] 

(10) OURE Soueraue Lord considering the wrang allegit sustenit be diuerse noble 
men and vtheris liegis of this realme being accuisit of tressoun be solisting hosting 
and minassing of the assyise efter thai wer inclosit The accusaris and vtheris personis 
thair favouraris havand libertie to pas to the said assyse and to produce to thame sic 
writtis and witnesses and vther probatioun as thai pleasit to verifie the cryme outwith 
the presence of the pairties accuisit Quhairby the iust defence of thair lyffis landis 
and honouris wes takin away THAIEFOIR cure said souerane lord with auise and 
consent of the thrie estaittis of this present parliament hes statute declairit and 
ordanit that in all tyme cuming the haill accusatioun ressoning writtis witnesses and 
utheris probatioun and instructioun quhatsumeuer of the cryme salbe allegit ressonit 
and deducit to the assyse in presence of the pairtie accusit in face of iudgement and 
na utheris wayes And that all and quhatsumeuir liegis of this realme accuisit of 
tressoun or for quhatsumeuer cryme salhaif thair aduocattis and procuratouris to vse 
all thair lauchfull defenses quhome the iudge sail compell to procure for thame incaise 
of thair refuise That the sute of the accusare be not tane pro confesso and the pairtie 
accuisit preiueeit in ony sorte befoir he be convictit be lauchfull try ell And to the 
effect the saidis aduocattis and procuratouris may the mair frelie and willinglie do 
thair office in the premisses Oure said souerane lord with auise and consent foirsaid 
annullis casses and rescindis all and quhatsumeuer actis of parliament and utheris 
statuttis maid be him or ony of his predicessouris of befoir in contrair heirof 

(11) ITEM It is statute and ordanit that how sone the haill persute defensses and 
answeris thairto ar fullie hard be the assyise gif ony of the saidis assyssouris hes ony 
doubt quhairof thai wald be resoluit That thai propone the same oppinly in presens 
of the pairties in face of iudgement befoir thai pas out of Jugement thame selffis And 
Immediatlie efter that the said assyse hes chosin thair chanceller the clerk of the 
iusticiarie sail inclose the said assyse thame allane or in ane house be thame selffis 
And suffer na persoun to be present with thame or repair to thame in ony wyse nather 
clerk nor vtheris vnder pretence of forder informatioun resoluing of onie dout or ony 
vther cullour or occasioun quhatsumeuer Bot that the said hous be haldin fast and na 
man present tbairin bot the saidis assyissouris and that they be not sufferit to cume 
out of the said hous for quhatsumeuer cause Or to continew the geving of thair 
sentence to ane vther tyme bot that they be inclosit as said is vnto the tyme thay 
be fullie aggreit and returne thair answer be the mouth of the said chancellair to the 
iudge And our souerane lord with avise foirsaid decernis declairis and ordanis that gif 
onie of the saidis accusaris informearis of his hienes aduocat or vtheris personis 
quhatsumeuir pretend in onv wayes in tyme cuming to informe solist ressone dispute 
speik or repair to the said assyise efter thair removing furth of iudgement and 
inclosing of thame in maner abonewrittin or vtherwyse transgresses ony poynt of this 

62 



C. 57.] James VI 1587. 

present act In that caise the pairtie aocuisit salbe haldin and pronuncit cleane and 
innocent of thai crymes and tressonis than layit to his charge And this present act 
salbe ane sufficient warrand to all assyssouris in criminall causses heirefter to pronunce 
the pairtie accuisit cleane and Innocent Incais ony of the premisses beis contravenit 



CAP. 114. 

[1587, aip. 113.] 

Act inhibiting the burrowis to sell or dispone thair fredomes without consent 

of the estates in parliament 

FORSAMEKLE as it [is] not lauchfull to ony of the kingis vassallis to sell and 
annalie thair landis in preiudice of his Maiestie thair superiour Evin sa it is fund 
expedient statute and ordanit be our souerane lord and thre estaitis in this present 
parliament That it sail not be lauchfull to ony of his hienes frie burrowis To sell 
or annalie thair fredome and priuilege in haill or in pairt to ony vther burght or 
vtherwyse quatsumeuir without expres licence and consent of his hienes and thrie 
estaittis in parliament vnder the pane of amissioun and tinsall of the fredome of the 
burgh othir byand or selland the saidis fredomes in haill or in pairt as said is 



PARLIAMENT AT EDINBURGH, 3rd april 1592. 

CAP. 8. 

[1592, cap. 116.] 

Act for abolisheing of the actis contrair the trew religioun 

OURE Souerane Lord and estaittis of this present parliament following the lovable 
and gude example of thair predicessouris Hes ratifiet and apprevit and be the tennour 
of this present act ratifies and apprevis all liberties priuileges Immvnities and fredomes 
quhatsumeuir gevin and grantit be his hienes his regentis in his Name or ony of his 
predicessouris to the trew and hally kirk presentlie establishit within this realme 
and declairit in the first act of his hienes parliament the tuentie day of October The 
yeir of god J^v^ Ixxix yeiris .... AND SICLYK Ratifies and apprevis the 
generall Assembleis appoyntit be the said kirk And declairis that it salbe lauchfull to 
the kirk and ministrie euerilk yeir at the leist and ofter pro re nata as occasioun and 
necessitie sail require To hald and keip generall assemblies Providing that the kingis 
Maiestie or his commissioner with thame to be appoyntit be his hienes be present at 
ilk generall assemblie befoir the dissoluing thairof Nominat and appoint tyme and 
place quhen and quhair the nixt generall assemblie salbe haldin And in caise nather 
his Maiestie nor his said commissioner beis present for the tyme in that toun quhair 
the said generall assemblie beis haldin Than and in that caise IT salbe lesum to the 
said generall assemblie be thame selffis To nominat and appoynt tyme and place 
quhair the nixt generall assemblie of the kirk salbe keipit and haldin as they haif 
bene in vse to do thir tymes bypast AND ALS ratifies and apprevis the sinodall and 
provincial! assemblies To be haldin be the said kirk and ministrie twyise ilk yeir as 
thay haif bene and ar presentlie in vse to do within euery province of this realme 
AND RATIFEIS and apprevis the presbiteries and particulare sessionis appointit be 
the said kirk with the haill iurisdictioun and discipline of the same kirk aggreit vpoun 
be his Maiestie in conference had be his hienes with certane of the ministrie convenit 
to that effect Off the quhilkis articles the tennour followis MATERIS TO BE 
INTREATIT IN PRO VINCI ALL ASSEMBLEIS THIR assemblies ar constitute for 

53 



C. a] James VI. 1592. 

wechtie materia necessar to be intreatit be mutuall consent and assistance of brethrene 
within the province as neid requyris THIS assemblie hes power to handle ordour and 
redress all thingis omittit or done amiss in the particulare assemblies IT HES power 
to depose the office beraris of that province for gude and iust causes deserving 
deprivatioun And generalie thir assemblies hes the haill power of the particulare 
elderschippis quhairof thay ar collectit MATERIS TO BE INTREATIT IN THE 
PRESBITERIES THE POWER of the presbiteries is to give diligent laubouris in 
the boundis committit to thair chairge That the kirkis be kepit in gude ordour To 
enquyre diligentlie of nauchtie and vngodly personis and to travell to bring thame in 
the way agane be admonitioun or threatnin^ of goddis Jugementis or be correctioun IT 
APPERTENIS to the elderschip to tak heid that the word of god be puirlie preachit 
within thair boundis the sacramentis richtlie ministrat the discipline intertenyit and 
the ecclesiasticall guidis vncorruptlie distributit IT belangis to this kynd of assembleis 
To cans the ordinances maid be the assembleis provinciallis Nationallis and generallis 
to be kepit and put in executioun TO MAK constitutionis quhilkis concernis To 
Upen-ov in the kirk for decent ordour in the particulare kirk quhair they governe 
Provyding that thay alter na rewlis maid be the proviuciall or generall assembleis 
And that thay mak the provincial! assembleis ioirsaidis privie of the rewlis that thay 
sail mak and to abolishe constitutionis Tending to the hurte of the same IT HES 
power to excommunicat the obstinat formale proces being led and dew interval! of 
tymes obseruit ANENT PARTICULARE KIRKIS Oif they be lauchfullie rewlit 
be sufficient ministeris and sessioun Thay haif power and iurisdictioun in thair awin 
congregatioun in mattens ecclesiastical! And decernis and declairis the saidis 
assembleis presbiteries and sessiounes Jurisdictioun and discipline thairof foirsaid to 
be in all tymes cuming maist iust gude and godlie in the selff Notwithstanding of 
quhatsumeuir statutes actis cannon ciuile or mvnicipale lawes maid in the contrair To 
the quhilkis and euery ane of thame thir presentis sail mak expres dirogatioun .... 
ITEM the kingis Maiestie and estaittis foirsaidis declairis that the secund act of the 
parliament haldin at edinbur^h the xxij day of Maij The yeir of god J^y^ Ixxxiiij 
yeiris sal! na wayes be preiudicall nor dirogat any thing to the priuilege that god hes 
gevin to the spiritual! office beraris iu the kirk concerning headis of religioun materis 
of heresie excommunicatioun collatioun or depriuatioun of ministeris or ony sic 
essential! censouris special! groundit and havand warrand of the word of god .... 

[In part rep., 6 Ed, 7 c. 38 {S,L.R,).] 



CAP. 9. 

[1592, cap. 117.] 

Anent depositioun of vnqualifiet personis frome thair functionis and Beneficis 

OURE Souerane Lord considering the greit abuses quhilkis ar laitlie croppin in the 
kirk throw the misbehaviour of sic personis as ar prouidit to ecclesiasticall functionis 
sic as personages and vicarages within any parrochin and thairefter neglecting thair 
charge ather levis thair cure or ellis committis sic crymes faultis or enormities that 
thay ar fund worthie of the sentence of depriuatioun ather befoir thair awin presbitery 
or ellis befoir the sinodall and general! assemblies Quhilk sentence is the less regairdit 
be thame Becaus albeit thay be deprivit of thair functioun and cure within the kirk 
yit thay think thay may bruik lauchfullie the proffites and rentis of thair saidis bene- 
fices induring thair lyf tymes Notwithstanding the said sentence of deprivatioun Thair- 
foir our souerane lord with auise of the estaittis of his present parliament Declairis 
that all and quhatsumeuir sentence of depriuatioun ather pronuncit already or that 
happynnis to be pronuncit heirefter be ony presbitery sinodall or generall assemblie 
aganis ony persone or vicare within thair iurisdictioun prouydit sen his hienes corona- 
tioun .... Is and salbe repute in all iugementis ane iust cause to seclude the persone 
befoir providit and than deprivit frome all proffites commodities Rentis and deweties 
of the said personage and vicarage or benefice of cure And that ather be way of 

54 



C. 9.] James VI. 1592. 

aotioun exceptioun or reply And that the said seiiteuce of depriuatiouii salbe ane 
suflBicient cause to mak the said benefice to vaik thairby .... 

[In^rt rep., 6 Ed, 7 c. 38 (S.LB.).] 



CAP. 10. 

[1592, cop. 118.] 

Anbnt Manses and gleibis in cathedrall and abbay kirkis 

OUBE Souerane Lord with avise of the estaittis of this present parliament Statutes 
and ordanis that the actis of parliament maid of befoir anent manses and gleibis to be 
gevin to ministeris of goddis haly evangell within this realme Sallbe vnderstand and 
extendit to all abbay es and cathedrall kirkis within this realme quhair na vther manse 
nor gleib pertening to persone or vicare wes of befoir Sua that the ministeris presentlie 
admittit or quhilkis heirefter salhappin to be admittit to the office or cure of the 
ministrie within the said kirk selhaif ane sufficient manse and duelling place withiu 
the precinct of the abbay quhair he seruis Togidder with four aikeris of land of the 
best and maist commodious lyand contigue and maist ewest to the said manse quhilk 

S)rtenis or in ony tyme of befoir pertenit to the said abbay or ony member thairof 
uhether the samyn land ly within the said precinct or outwith the same gif thair be 
samekle as may extend to the quantitie of four aikeris to be designit inhabite occupiet 
laubourit manurit conforme to the tennour of the actis of parliament maid of befoir 
anent manses and gleibis to be gevin to the ministris of goddis word within this realme 
With speciall prouisioun that it salbe in the optioun of the abbottis priouris and 
vtheris prelattis and personis quhatsumeuir fewaris of the saidis cathedrall and abbay 
places ather to grauut ane manse to the minister within the precinct of thair place or 
ellis ane sufficient manse lyand alse ewest and commodious to the parroche kirk 



CAP. 11. 

[1592, cap. 119.] 
AoANis adulteraris 



.... it is statute and ordanit be oure souerane Lord and estaittis of parliament foir- 
saidis That quhensoeuir ony woman Is or hes bene diuorcit fra hir lauchfull spouse 
for hir awin fait and offence of adultery and compleitis vnlauchfull and pretendit 
mariage with the same persone with quhome scho committit the said offence Or 
planelie and oppinlie duellis and resortis in cumpanie with him at bed and burde gif 
scho haif ony landis heretage takkis roumes or possessionis IT sail not be lauchfull 
to hir to dispone annalie and put away the same in all or in pairt Ather to hir said 
pretendit housband and adulterair or to the successioun proceding of that pretendit 
mariage or carnall daill Nor to quhatsumeuir vther persone or personis in preiudice 
and hurt of the airis and successioun procreat vpoun the said first lauchfull mariage 
Or failyeing of thame of hir vther lauchfull aires quhatsumeuir nor to do ony deid 
directlie nor indirectlie that may hurte and preiuge thame thairin And declairis and 
ordanis that the airis and successouris of hir procreat in the said first lauchfull mariage 
and failyeing of thame hir vther lauchfull airis quhatsumeuir Ar and salbe hable to 
succeid to hir eftir hir deceis in the saidis landis heretage takkis roumes and posses- 
sionis Notwithstanding ony alienatioun or dispositioun maid in ony tyme bigane or 
to be maid heirefter in the contrair Quhilkis pretendit alienationis and dispositions 
maid or to be maid in maner foirsaid Oure said souerane lord and his estaittis of 
parliament decernis and declairis to haif bene and to be null frome the begyning and 

55 



C. 11.] James VI 1592. 

ordauis the said nullitie to be ressauit and admittit be way of exceptioun or reply But 
ony proces or summoundis of reductiouQ alsweill befoir the Lordis of counsall and 
sessioun as befoir the inferiour iuges in seruice of brevis aod all vther actionis and 
causes quhaireuir the samin may occur .... 

[In part rep., 6 Ed. 7 c. 38 (S.i.i?.).] 



CAP. 29. 

[1592, cap, 127.] 

Concerning the office of lyoun king of armes and his brether herauldis 

(1) OUKE Souerane Lord and estaitis of this present parliament Considdering the 
greit abuse that hes bene amongis the leigis of this realme in thair bearing of armes 
vsurpand to thame selffis sic armes as belangis nocht vnto thame Sua that it can nocht 
be distinguischit be thair armes quha ar gentlemen of blude be thair antecessouris 
Nor yit may it be decernit quhat gentlemen ar discendit of noble stok and linage ffor 
remeid quhairof his hienes with aduise of the saidis estaitis hes gevin and grantit and 
be this present act gevis and grantis full power and commissioun to lyoun king of 
armes and his brether herauldis To visite the haill armes of noblemen baronis and 
gentlemen borne and vsit within this realme And to distinguische and discerne thame 
with congruent differences and thaireftir to matriculat thame in thair buikis and 
Registeris And to put inhibitioun to all the commoun sort of people nocht worthie be 
the law of armes to beir ony signes armoriallis That uane of thame presume or tak 
vpoun hand to beare or vse ony armes in tyme cumiug vpoun ony thair insicht or 
houshald geir vnder the pane of the escheating of the guidis and geir sa oft as thay 
salbe fund contravenand this present act quhaireuir the same armes salbe found 
grawin and paintit to our souerane lordis vse And lykwayis vnder the pane of ane 
hundreth pundis to the vse of the said lyoun and his brether herauldis And failyeing 
of payment thairof That thay be incarcerat in the narrest prissone Thairin to remane 
vpoun thair awin chargis during the plesur of the said Lyoun 



[Sec. (2) rep., 6 Ed. 7 c. 38 {S.L.R.).] 

(3) ITEM In consideratioun of the greit abuse of messingeris and officiaris of armez 
within this realme quhilkis for the maist pairt ar nocht qualifiet for vsing of the said 
office Being admittit be extraordinar and Inoportune suittis Be quhais abuse the leigis 
of this realme ar heavelie trublit and opprest Thairfoir It is statute and ordanit that 
the said king of armez be aduise of the lordis of counsaill and sessioun deprive and 
discharge all sic officiaris and messingeris of armes as he sail find vn worthie of the 
office and tak sicker souirtie of the remanent for thair obseruatioun of thair Iniuno- 
tionis in tyme cuming With power to the said king of armez with aduise of the saidis 
lordis to euioyne further necessar Iniunctionis to the saidis messingeris for keping of 
guid ordour in thair offices .... 

[Sec. (3) in part rep., 6 Ed. 7 c. 38 {S.L.R.).] 



[Sec (4) rep., 6 Ed. 7 c. 38 (S.L.R.).] 

(5) ITEM Last that becaus the Jurisdictioun of the lyoun king of armez is nocht able 
to execute dew pvnisment vpoun all personis that salhappin to offend in the office of 
armez Thairfoir our souerane lord with auise of his estaitis in parliament Ordanis and 
commandis all oiuile Magistratis as thay salbe requirit be the king of armez or ony 
vtheris in his Name To concur with him To sie the actis maid in his fauouris of his 
office put to dew ezecutioun in thair iurisdictionis As alsua To concur with him to 

56 



C. 29.] Javies VI. 1592. 

the pvoeisment and incarceratioun of all sic pereonis as sail vsiirp the bearing of his 
Maiesties armes efter<lew depriuatioun vuder the pane of rebellioun and putting of 
the disobeyaris to his hieues home With certificatiouu to thame and thay failye 
being requirit lettrez salbe direct simpliciter to put thame to the home 



CAP. 31. 

[Not in l2mo, ediiian.] 

For furthering of the kingis commoditie be the Mynes and metallis 

OURE Souerane Lord vnderstauding that this lang tyme bygane Nather his Maiestie 
nor the cuntrie hes Importit ony commoditie of the mynis and metallis quhilk in 
great abundance micht be easelie found in this realme to the interteynement and 
sustentatioun of aue greit nowmor of the liegis thairol And that the said inconvenient 
hes ensewit be resone Oure said souerane lord and his maist noble progeuitouris wes 
in vse commonlie to sett the saidis haill mynis within thair dominionis to ane or tua 
strangearis for ane small dew tie quha nather haid substance to cans labour and wirk 
the hundreth pairt of ony ane of the saidis mynis nor yit instructed vtheris leigis of 
this realme in the knawlege thairof quhilk is mair nor notour be the doingis of the 
present takisman of the mynes quha nether wirkis presentlie nor hes wrocht thir 
mony yeiris bypast nor euir hes serchit socht nor discoverit onv new mettall sen his 
entrie nor hes instructit ony of the leigis of the cuntrie in that knawlege And quhilk 
is maist inconvenient of all hes maid na sufficient payment of the dewtie of his tak to 
oure souerane lordis thesaurair sua that na pairt of the said yeirlie dewtie is euir cum 
in the said thesauraris compt to his hienes vse and commoditie Quhairby Oure 
souerane lord and the haill cuntrie will sustene greit loss gif ane strangear sail bruik 
in this maner the haill mettallis within his maiesties dominionis but payment of ony 
dewtie ffor the space of xxj yeris altoeidder Lyk as also in respect the richt of all 
mynis pertenit to his maiestie and his hieues predicessouris Thairfoir quhensoeuir ony 
myne or seme of mettaill wes found be ony of the leigis of this realme the same wes 
ather neglectit or be all moyanis possible obscurit be ressone that na pairt of the 
commoditie thairof micht redound to thame selffis quhairby ane greit prpffite quhilk 
micht haue bene gottin baith to oure souerane lord and als to the cuntrie wes allutirlie 
owir sene And now our said souerane lord vnderstanding the inconvenientis foirsaidis 
To haue procedit cheiflie becaus ther wes nocht ane speciall man of witt and knawlege 
appoiutit to quhais office propirlie the owirsicht of the haill mater of the mettallis 
suld pertene And of quhome his Maiestie and estaitis micht seik ane compt and 
ressone of the ad mi nist ration n of his said office that his mynis be nocht neglectit 
(as thay ar) dyuerse vtheris princes makand sa greit commoditie of the lyk .... 
And als oure souerane willing that all his Maiesties liegis quha will tak on hand to 
discouer and work the saidis mynis may haue reasonable proffite and recompence of 
thair panis [and] a sufficient securitie maid to thame of thair awin mynis within thair 
awin landis And als vnderstanding that the dewtie of the said mynis quhilk baith of 
the commoun law and consuetude obseruit be vther foreign princes properlie pertenis 
to the prince Extendis onlie to the tent part fre Thairfore our said souerane lord with 
auise of his estaittis in parliament hes dissoluit the saidis mynis and mettallis in safer 
as thay war part of his propirtie annext or ony wyis to the effect the same may be 
sett in few for augmentatioun of oure said souerane lordis rentall And statutis and 
ordanis that it salbe lesum to his hienes and his successouris .... for reasonable 
compositioun to sett in few ferme to every erle lord barroun and vther frehalder 
within this realme all and quhatsumeuir mynis of gould siluer copper leid tin and 
vther quhatsumeuir mettallis or minerallis quhilk is or may be found within thair 
awin landis and heretageis with pouer to thame to seik and discouer lauboure and 
work the saidis mettallis and minerallis and to sell dispone or sett the mynis thairof 
in takkis or few .... to vtheris thair subtenentis at thair pleasure as thair proper 
gudis and heretage And with sic vther ample priuilegeis as oure said souerane lord 

57 



0.31.] Janies VI. 1592. 

. . . . Ball think expedient for the wining and working of the saidis mettallis be 
cuatrie men or strangearis Payand thai rf ore yeirlie the saidis Erlis Lord is barounis 
and Ytheris quha sail accept the saidis fewis as said is to oure said souerane 
Lord and his thesaurare thair factouris and seruitouris in thair Name the Just tent 
part of all and haill the said gould silaer copper leid tin and vtheris minerallis quhilk 
salbe found and gottin yeirlie within thair saidis landis and heretageis vpoun the 
ground quhair the same salbe found in sic vre and qualitie as the same salbe gottin 
out of the erth frelie but ony deductioun .... Provyding that in cace ony mynis 
being sufficientlie discouerit to be within ony of the landis pertening to ony subiect 
of this realme and the lord of the ground sufficientlie aduertesit thairof and lauch- 
fuUie requirit to work the same himself befoir ane Notar and four witnesses as efferis 
sif he refuisses or delayis the space of thre monethis thairefter Than and in that cace 
It salbe lesum to our said souerane lord to set the same in few or tak or vtherwyis to 
cans work the same or to mak rycht thairof to ony vther persone at his grace pleasure 
That be the wilful! refuise or delay of the awnar of the ground his grace and his 
cuntrie be not defraudit of the commoditie of the said myne And oure said souerane 
lord with auise foirsaid of the parliament Declaris that this act of dissolutioun salbe 
perpetuall to last for all tyme cuming .... 

[In pari rep,, 6 Ed, 7 c. 38 {S,L.R,),] 



CAP. 50. 

[1592, cap. 134.] 

Anent the aige and qualities of the lordis of sessioun 

BECAUS the nobilitie Erllis lordis and baronis auncient heretouris of landis leviugis 
and possessionis vnderstude the institutioun of the college of iustice and lordis of 
sessioun To haue bene fra the beginning for decisioun of all ciuile actionis vnto the 
quhilk decisioun thair haill heretages landis levingis and possessionis ar subiect And 
that his hienes progenitouris institut the said college of cunning and wysemen Quhilk 
his Maiestie willing to continew according to his forbearis gude intentioun And to 
foirsie the corruptioun increscand in the said college in this later and declyning aige 
Declaris his hienes mynd be act of parliament that in all tymes theireftir quhen ony 
place suld waik in the sessioun That his Maiestie suld present and nominat thairto 
ane man fearing god Off gude literature practique Jugement and vnderstanding of 
the lawes off gude fame having sufficient leving of his awin and quha culd mak guid 
expeditioun and dispatch in materis tuiching the leigis of the realme And yit that it 
is requirit that his hienes guid intentioun be mair speciallie expressit toward the 
complaint of the chesing of young men without grauitie knawlege and experience 
vpoun the said sessioun nocht having sufficient leving of thair awin THAIKFOIR 
Oure said souerane lord with avise of the estaitis of this present parliament declaris 
that Nane sal bo ressauit to ane place of ane senatour in the college of iustice Except 
he be sufficientlie tryit and knawin be his hienes and haill lordis of the sessioun That 
the said persoun to be presentit and ressauit haue in yeirlie rent propirlie pertening 
to him selff the sowme of ane thowsand markis vsuall money of this realme or els 
Tuentie chalderis of wictuall And that his experience qualitie and conversatioun may 
be the better tryit that he be of the aige of tuentie fy ve yeris at the leist compleit in 
all tyme cuming vtherwayis his presentatioun and admissioun to be null .... 

[In part rep., 6 Ed. 7 c. 38 {S.L.R.)] 



68 



C. 59.] Janies VI. 1592, 

CAP. 59. 

[1592, cap. 141.] 

That the Copies of lettres or chargis be subscryvit be the executor thairof 

ITEM It 18 statute aud ordanit that in all tyme earning all copys of summoundis aad 
lettrea quhilkis salbe deliuerit to ony pairtie be subscryuit be the officiar executour 
thairof 



CAP. 61. 

[1592, cap. US.] 

That Compensatioun de liquido ad liquidum be admittit in all Jugementis 

OURE Souerane Lord and estaitis of parliament statutis and Ordanis that ony debt 
de liquido ad liquidum instantlie verifiet be wreit or aith of the partie befoir the 
geving of decreit be admittit be all Jugis within this realme be way of exceptioun 
Bot nocht eftir the geving thairof In the suspensioun or in reductioun of the same 
decreit 



CAP. 62. 

[1592, cap. 144.] 

Anent damnage and expenses of pley 

ITEM It is statute and ordanit that damnage enteress and the 
expenses of pley maid and sustenit be the parties be altogidder admittit and liquidat 
be the decreit befoir all Jugeis within this realme And speciallie quhen as the libell 
clame or petitioun ar provin be wreit contenand damnage enteress and expenses and 
ypoun registrat bandis obligationis aud coutractis summondis berand for the coistis 
and skaithis Quhilk will stay parties to be wilfull and obstinat pleyaris And this to 
be extendit alsweill to the defendaris obtenand absoluitour as to the partiis persewaris 
obtenand decreit condampnitour 



CAP. 72. 

[1592, cap. 152.] 

Anent deforceing and trubling of the kingis officiaris of armes 

ANENT the supplicatioun gevin in to the kingis Maiestie and estaitis of parliament 
be his hienes aduocat in name of his Maiesties faithful! and trew subiectis within this 
realme Makand mentioun that nocht onlie his Maiesties officiaris of armes in putting 
of decreittis obtenit befoir the Juges ordinar to executioun ar heavelie trublit be 
deforceing of thame in executioun of thair offices and stryking of thame to the 
effusioun of thair bluidis In hie and manifest contemptioun of our souerane lord and 
his hienes auctoritie and lawes Bot also ane new vuaccustumat contempt is laitlie 
cropin in and enterit within this realme That na persoun within the same nather 
officiaris of armes schireffis in that pairt may travell with frie access to execute ony 
summondis and lettres direct furth in his Maiesties name for summoning of ony 

Sersoun or personis To compeir befoir the lordis of the college of iustice or vtheris 
ugeis within this realme without hazard aud perell of thair bodies To the greit 

59 



C. 72.] JaitiGs VL 1592. 

hinderance of iustice and preiudice of the trew subiectis of this realme quha ar willing 
to leve vnder his hienes obedience and to repair wrangis and Iniuries done to thame 
be ordour of law Beseikaud heirfoir his Maiestie and estatis foirsaidis To haue con- 
sideratioun of the premises and to sett doun the act of this present parliament That 
all personis salbe harmeless and skathles in executing of ony summondis lettres or 
precept and in putting of decreittis to executioun vnder sic panis and pvnisement as 
bis Maiestie and the saidis estaitis thinkis maist expedient for the mantenance of 
iustice and pvnischement of the contempnaris thairof As the said supplicatioun at 
mair lenth proportis quhilk being red hard and considderit be his hienes and the 
saidis estaitis and thay thairwith being ryplie aduysit Oure souerane lord and his 
estaitis convenit in this present parliament ffor remeid of the dalie hurtis and Iniurys 
ressauit be officiaris of armes or schirefi&s in that pairt executand lettres or preceptis 
in our souerane lordis name and auctoritie Statutis and Ordanis that incaise ane 
officiar of armes or schireff in that pairt or vther persoun quhatsumeuer the tyme of 
the executioun of ony summondis lettres or preceptis direct be his hienes or vtheris 
Jugeis within this realme Or in putting of decreittis to dew executioun be deforceit 
in doing of the same or be molestit Invadit or persewit to the efTusioun of thair bluid 
be the persoun or personis quhome thai sail be virtew thairof summond or charge or 
ony vtheris of thair caussing and command The deforcearis and persewaris of the 
officiaris and vtheris foirsaidis sail foirfalt amit and tyne all and quhatsumeuir thair 
guidis and geir moveable And the ane half thairof sail appertene to our souerane lord 
as eschaet And the vther half to the pairtie at quhais instance the saidis summondis 
lettres and preceptis ar direct and purchest Quhilkis executionis our said souerane 
lord and estatis foirsadis decernis and declaris to be lauchfullie and ordourlie execute 
nochtwithstanding the said deforcement and Invasioun of the saidis officiaris and 
vtheris abonewrittiu to be committit in maner foirsaid the deforcement being first 
verifiet and prowin 



CAP. 75. 

[1592, cap. 155.] 

Anbnt the taxatioun of burrowis 

ITEM Seing the Taxatioun and stentis vpoun the realme is multiplijt quhairwith the 
burrowis ar verrie grytlie burdynnit Thairfoir IT is statute and Ordanit that all 
maner of personis inhabitantis of burrowis exercesand ony maner of traffique 
merchandice or having change within the same Sail beir thair pairt of all taxtis 
stentis and taxationis watching and warding in all dewties and seruices pertening 
to our souerane lord the weill of the realme and the vtilitie of the burgh And that 
without ony respect to be haid to ony priuile^e discharge or executionis grantit be 
our souerane lordis predicessouris or be his hienes selff or to be grantit in tyme 
cuming be his maiestie Or his successouris To quhatsumeuir persoun or personis of 
quhatsumeuir qualitie Or from quhatsumeuir cause And Ordanis this to haue execu- 
tioun Aganis all personis exerceand the trafficque of merchandise or vther change in 
on}' of the burrowis of this realme quhether thay be admittit frie burgesses thairin or 
nocht Prowyding alwayes that it salbe lesum to his hienes nochtwithstanding of the 
said act to exeeme frome the saidis taxationis watching and warding Ane persoun of 
ilk craft for his hienes particuler vse and seruice Incace his maiestie find it guid and 
expedient to be done And siclyk that this act be nocht preiudiciall to the memberis 
of the college of iustice and to thair priuilegis and Immvnities grantit vnto thame Or 
quhairof thai haue bene in vse in tymes bygane 



60 



C. 8.] James VI. 1593. 

PARLIAMENT AT EDINBURGH, 3rd April 1593. 

CAP. 8. 

[1593, cop. 165.] 

Anent the ministeris gleibis 

ITEM Quhair thair hes bene na gleib of auld or quhair hes bene sum of auld yit it 
be far within the quantitie of four aikar of land That the designatioune to be maid of 
the persoun vicar abbot or prioress landis And falyeing thairof out of the bischoipis 
landis freiris landis or ony vther kirkland lyand within the boundis of the said 
paroche Ay and quhill four aikaris of land be compleit ITEM that the saidis gleibis 
be designit with fredome of fogage pasturage fewall faill dowatt loning frie ische 
and entrie and all vther preuilegis and richtis according to vse and wont of auld 



CAP. 9. 

[1593, cop. 166.] 

Act for relief of ministeris that ar trublit be pensionaris or taxmen 

FORSAMEKLE as sindrie ministeris quha hes bene in lang possessioun of thair 
stipendis be virtew of thair assignationis Ar trublit be pensionaris or takismen quha 
hes tane in tak gift or pensioun ather thair haill stipendis or ane greit pairt thairof 
and hes obtenit ratificatioun in parliament thairvpoun THAIKFOIR Oare souerane 
lord with auise of the estaitis of this present parliament Ordanis that all ministeris 
stipendis in tyme cuming be frie frome all takkis pensionis taxationis or impositionis 
quhatsumeuir nochtwithstanding of ony ^ift or dispositioun maid in the contrair To 
the effect that the ministeris may bruik thair stipendis peceablie in all tyme cuming 
without ony truble according to thair assignationis 



CAP. 12. 

[1593, cap. 169.] 

Act that qa particuler act of parliament sail preiuge the ministeris in thair levingis 

OURE Souerane Lord with aduise of the estaitis of this present parliament having 
consideratioun how that the ministeris prouydit to ecclesiasticall functionis and leving 
of the kirk and serving the cure thairat hes bene and may be in tyme cuming havelie 
preiudgit in thair saidis ecclesiasticall levingis and rentis thairof be speciall actis and 
constitutionis maid in fauouris of certane particuler personis FOR REMEID thairof 
in tyme cuming hes statute and Ordanit that quhatsuemuir act or constitutioun of 
parliament in tyme cuming efter the dait heirof be maid in fauour of ony particuler 
persoun quhairby the prouisioun of ony mintateris levingis may be tane away or in 
onywayis preiudgeit directlie or indirectlie in thair saidis prouiaionis rentis and 
proffeittis thairof or ony pairt of the samyn That the same salbe in all tyme cuming 
null and of nane avail! force nor effect except the saidis ministeris be callit vpoun 
thair prouisioun And the samyn in haill or in pairt reducit befoir the Juge Ordiner 



61 



.0.22.] Jamts VI. 1593. 

CAP. 22. 

[1593, cap. 177.] 

Act for pvneisement of thame that trublis the parliament sessiouD 

and vther Jugementis 

IT is statute and ordanit .... that quhasoeuir sail stryk or hurt in ony tyme 
heireftir ony persoun befoir our souerane lordis iustice or his depuittis sitting in 
Jugement Or within the Inner yett of the kingis palice quhair his hienes sail mak 
his residence for the tyme or within the vtter tolbuith of edinburgh the tyme that 
the lordis of sessioun sittis for administratioun of iustice Sail incur the pane of death 
and salbe accusit criminallie thairfoir AND ALS STATUTIS and ordanis that 
quhasoeuir at ony tyme heireftir sail stryk or hurt ony persoun befoir the bailies of 
Durghis commissaris schireffis bailies of royalties and regalities and vtheris inferiour 
iugeis within this realme thay or ony of thame sitting in Jugement Sail pay ane 
hundreth pundis to be employit at the discretioun of the Juge offendit and imprisone- 
ment of tnair personis during the Juge will But preiudice alwayis of the privilegis 
grantit be quhatsumeuir statute or actis of parliament of befoir to the provest and 
bailies of burrowis or quhatsumeuer Inferiour Jugeis AND LAST It is statute and 
ordanit that quhasoeuir sail stryk or hurt ony Juge within this realme sittand in 
Jugement sail incur the pane of death and be accusit criminallie thairfoir 

[In part rep,, 6 Ed. 7 c. 38 (S.L.R.).] 



CAP. 25. 

[1593, cap. 179.] 

That the wreittar insert his name in the body of the wreitt 

CURE Souerane Lord and estaitis of this present parliament Ynderstanding perfytlie 
that falsettis increscis dalie within this realme And speciallie be the wreittins of the 
bodies of the contractis charteris obligationis reuersionis assignationis and all vtheris 
wreittis and euidentis be the hand write of sic personis as ar nocht commonlie knawin 
and ar nocht commoun notaris nor bruikis na commoun office as writtaris within this 
realme And gif the wreittar wer knawin the samyn wald gif greit licht to the triall 
of the treuth of the falsettof the said wreit and euident THAIRFOIR his hienes with 
aduise of the saidis estaitis in parliament decernis and declaris That all originall 
charteris contractis obligationis reuersionis assignationis and all vtheris wreittis and 
euidentis to be maid heireftir sail mak speciall mentioun in the hinder end thairof 
befoir the inserting of the witnesses thai rin Off the name surename and particuler 
remaning place diocie and vther denominatioun of the wreittar of the bodie of the 
foirsaidis originall wreittis and euidentis vtherwayis the same to mak na faith in 
Jugement nor outwith in tyme cuming .... 

[In pari rep., 6 Ed. 7 c. 38 (S.LR.).] 



CAP. 34. 

[1593, cap. 181.] 

Act for the better executioun of decreittis and actis in burrowis 

ITEM Becaus thair is na executioun on burrow actis bot onlie warding and poynding 
quhilk is nocht onlie a greit truble to the magistratis bot hurt and defraud to the 

62 



0.34.] James VI. 1593, 

pairtie In reflpeot sindrie absentia thair geir vther revpeotis nooht warding And that 
the anting of lettrez oonforme is baith sumpteous to the persewar and hindersum The 
decreittis being gevin oftymes for small sowmea THAIRFOIK Oure said souerane 
lord with consent of the estaitis decernis that the lordis of counsaill and sessioun Sail 
direct lettres of horning on all decreittis and actis gevin be provest and bailies of 
burrowis inter conciues and all vtheris subiect vnto thair Jurisdictioun vpoun the 
sicht thairof and executioun of the officiar chairgeing the pairtie To mak payment 
within XV dayes lyk as is grantit vpoun commissaris preceptis And that the saidis 
lettrez of horning proceid vpoun ane sempill charge of Ten dayes allanerlie 



CAP. 39. 

[1593, cap. 185.] 

Ansnt the commoun gude of burrowis 

OURE Souerane Lord .... with aduise and consent of the estaitis of this present 
parliament hes deceruit concludit and ordanit and be thir presentis decernis concludis 
and Ordanis That the commoun guid and patrimonie of [all Burrowis within this 
Realme] salbe yeirlie bestowit at the sicht of the magistratis and counsell of the 
saidis burrowis To the doing of the commoun effayres thairof allanerlie .... And 
that the samyn be na vtherwayis bestowit or convertit to quhatsumeuir vse or altera- 
tioun maid thairanent in haill or in pairt .... 

[In pari r&p., 6 Ed. 7 c. 38 {S.L.R.).] 



PARLIAMENT AT EDINBURGH, 22nd apeil 1594. 

CAP. 8. 

[1594, cap. 201.] 

For the better observing of the sabboth day 

ITEM Oure souerane lord and estaitis of this present parliament Ratifies and appro vis 
the actis maid be his hienes of befoir anent the dischargeing of balding of mercattis 
on the sabboth day with this additioun That quhasoeuir prophauis the sabboth day 
be selling or presenting and offering to be sauld vpoun the said day ony guidis or 
geir or quhatsumeuir vther merchandise be thame selffis or ony vther in thair name 
and beis thre seuerall tymes lauchfulie convict thairof ather befoir the provest and 
baillies within burgh quhair the prophanatioun salhappin to be committit Or 
befoir certane commissioneris and iustices in euerie presbiterie to be appointit be the 
kingis maiestie with anise of his privie counsell Thair haill guidis and geir salbe 
escheatit to his hienes vse and thair personis pvnist at the will of his maiestie with 
anise of his secreit counsell 



63 



.C. 9.] James VL 1594. 

CAP. 9. 

[1594, cap. 202.] 

For releif of thame quhais landis ar or sail be designit for manses 

and gleibis To ministeris 

OURE Souerane Lord and estaitis of this present parliament Ynderstanding thair ar 
sindrie fewaris and possessouris having kirklandis neir adiacent to the kirk quhair 
thair hes bene na mansis nor gleibis of auld nor yit designit of new And Considdering 
[that it wer baith against reasone and gude conscience] that thair suld be ane gleib 
designit onlie of the saidis kirklandis that pertenis to ane feuar and possessour and 
nocht of the rest And speciallie quhair the haill landis within the parochin or ane 
greit pairt of the saidis landis ar alyk haldin of the kirk and payis the like dewtie 
THAIRFOIR to the effect that the ministeris may be the better ansurit of thair 
manses and gleibis in tyme cumin^ and enter thairto but ony truble or contentioun 
Conforme to the former act of parliament maid anent manses and gleibis of the minis- 
teris Statutis and ordanis that quhair designatioun of manses and gleibis beis maid 
and tane of kirkland (the haill parochin or ane greit pairt thairof being kirkland And 
the minister nochtwithstanding designit to the kirkland maist ewest and adiacent to 
the kirk) That the fewaris possessouris and takismen out of quhais landis the manses 
or gleibis ar designit salhaue thair releif of the remanent parochinaris quha ar fewaris 
possessouris and takismen of kirklandis liand within the said parochin pro rata 



CAP. 22. 

[1594, cap, 212.] 



Anent the declyning of the senatouris off the college of iustice quha ar father 

brother or sone to the pairties 

OURE Souerane Lord with auise of his estaitis in this present parliament Statutis 
and Ordanis that na senatouris of the college of iustice ordiner or extraordiner sail 
sitt or vote in ony actioun or cans intendit or to be intendit befoir thame quhair the 
parties persewer or defender is ather thair father brother or sone Sua that the father 
sail on nawyse be Juge in the sones cans the sone in the fatheris cans nor the brother 
in the brotheris bot be declynit thairin 



CAP. 24. 

[1594, cap. 218.] 

That nane salbe compellit to produce procuratories or instruments of resignatioun 
preceptis of clare constat or vther preceptis of sesing of landis or annuelrentis 
possessit be thame befoir the space of fourtie yeiris 

OURE Souerane Lord and estaitis of this present parliament Ynderstanding that 
sindrie of his hienes leigis ar heretablie infeft in diuers landis and annuelrentis within 
this realme Lyk as thair predicessouris and authouris fra quhome thair richt thairof 
proceidis hes bene heretablie infeft in the same landis and annuelrentis And be verteu 
of thair seuerall infeftmentis and lyfrentis thairin reseruit Thay and thair pre- 
dicessouris and authouris (ffra quhome thair richt thairof proceidis) hes bruikit the 
foirsaidis landis and annuelrentis be the space of fourtie yens togidder nochtwith- 
standing quhairof the saidis infeftmentis maid and grantit to thame and thair pre- 
dicessouris and authouris Ar sindrie tymes drawin in questioun for laik and want of 
Srocuratories of resignatioun instruments of resignatioun preceptis of clare constat 
irvtheris preceptis of sasing quhilkis ar nocht extant to be producit and vsit In 

64 



C. 24.] Jarnes VI. 1594. 

respect that the same ar tint and amittit pairtlie be Iniquitie of tyme pairtlie be 
perisching of prothogollis and scrollis of notaris pairtlie for nocht deliuering of the 
samyn be the personis sellaris and disponeris thairof pairtlie becaus the euidentis 
of Comprysit landis vsis to be abstractit and withaldin vpoun malice of pairties and 
pairtlie as euidentis nocht thocht necessar to haue bene kepit efter sa lang tyme Be 
ressone that the charteris makis mentioun of the procuratories and instrumentis of 
resignationis and instrumentis of sasing makis mentioun of the preceptis of sasine 
quhairvpoun the samyn proceidis FOR REM£ID quhairof Oure said souerane Lord 
with auise of the saidis estaitis and haill body of this present parliament ffindis 
decemis and declaris that nane of his hienes leigis may be compellit efter the space of 
fourtie yeiris To produce procuratories or instrumentis of resignatioun preceptis of clare 
constat Or vtheris preceptis of sasing of landis or annuelrentis quhairof the present 
heretable possessouris and thair predicessouris and authouris and vtheris personis be 
verteu of lyfrentis reseruit in the saidis infeftmentis Ar and wes in possessioun be 
the space of fourtie yeiris togidder And that the wanting and inlak thairof nor nane 
of thame salbe na caus of reductioune of the infeftmentis grautit to the proprietaris 
or tbair predicessouris or authouris of the landis or annuelrentis quhairof the charter 
or charteris (makand mentioun of the resignatioun or resignationis to haue bene 
maid) and the instrument of seasing (makand mentioun of the preceptis of sasiugis 
be verteu quhairof the sasingis wer gevin) ar extant And willis statutis and Ordanis 
that this act salbe extendit to all procuratories and instrumentis of resignatioun 
preceptis of clare constat or vtheris preceptis of sasingis The wanting and inlaik 
quhairof and nane of thame salbe na caus of reductioun nor vther quarrell quhatsum- 
euir efter the space of fourtie yeiris quhair infeftmentis hes tane effect be possessioun 
be the said space of fourtie yeiris in maner abone rehersit And quhair the charteris 
and instrumentis of sasing ar extant as said is 



CAP. 26. 
[1594, cap. 220.] 



Anent the bying of landis and possessionis dependand in pley be Jugeis 

or memberis of courtis 

OURE Souerane Lord and estaitis of this present parliament Statutis and ordanis 
that in tyme cumiug It sail nocht be lesum to ony lordis of sessioun ordiner or 
extraordiner aduocattis Clerkis writtaris thair servandis Or ony vther member of the 
college of iustice or ony inferiour Jugementis within this realme thair depuittis clerkis 
or aduocattis directlie or indirectlie be thame selffis or ony vtheris in thair names to 
thair behuif or vtilitie To by ony landis teyndis rowmes or possessionis quhilkis ar 
dependand in contraversie or question n betuix ony pairties Or hes bene dependand 
and nocht as yit decydit Quhilkis gif thai or ony of thame do and contravenis the 
premissis the saidis lordis of sessioun aduocattis clerkis writtaris thair servandis Or 
ony vther member of the college of iustice or ony inferiour iugementis within this 
realme thair depuittis clerkis and aduocattis sail amit and tyne thair office place and 
all priuilegies and Immvnities bruikit or that may be bruikit be thame be verteu 
thairof 



CAP. 27. 

[1594, cap. 217.] 

That cautioun be found in actionis of eiectioun 

OURE Souerane Lord with auise of the estaitis of this present parliament Vnder- 

standing the greit disordour quhilk hes arysen and daly dois aryse among his hienes 

8. A. 65 5 



C. 27.] James VI. 1594. 

leigis quhar as personis wraQgouslie intrusing thame selffis in the rowmes and posses- 
sionis of vtheris be bangstre and force being altogitber vnresponsall thame selffis 
mantenis thair possessioun thairof And qahen thai ar challengit befoir the lordis of 
the sessioun or vther Jugeis ordiner be the pairtie grevit The personis intrusaris of 
thame selffis in sic possessioun delayis the mater be proponing of peremptour excep- 
tionis quhilkis ar nocht of veritie and delayis vpoun the probatioun thairof And efter 
lang pley quhen as the pairtie grevit hes gottin decreit Ordaning him to be repossessit 
to his rowme and proffittis thairof his pairtie being vnresponsall altogider gettis na 
commoditie thairof for remeid of the quhilk It is statute and Ordanit that in all tyme 
cuming the pairtie persewit be ane vther for eiectioun sail find cautioun for the 
violent proffittis as in causes of removing the first dvet of the litiscontestatioun or 
vtherwyis decreit to be gevin ordinand the pairtie to oe repossessit 



CAP. 30. 

[1594, cap. 224.] 

For pvnisement of parricide 

OURE Souerane Lord and estatis of this present parliament Vnderstanding the 
abhominable and odious crueltie that hes bene at sumtymes heirtofoir vsit within this 
realme be children aganis thair parentis in murthering of thame and takand of thair 
lyves maist vnnaturally Hes thairfoir statute and Ordanit that quhatsumeuir he be 
that hes slayne or sail heireftir slay his father or mother ^uidschir or guddame and 
hes bene alreddie or salbe heireftir convict be ane assyise The committaris of the said 
cryme and his posteritie in linea recta salbe disheresit in all tyme heireftir fra thair 
landis heretages takis possessionis And the samyn sail apertene to the nixt coUaterall 
and narrest of blude quha vtherwayes micht succeid falyeing of the richt lyne 



CAP. 35. 

[1594, cap. 225.] 

Anent the priuilegis of burrowis 

OURE Souerane Lord with auise of his estaitis in this present parliament Ratifies 
apprevis and confirmis the act and statute maid in his hienes parliament haldin at 
edinburgh vpoun the fyft day of Junij the yeir of god J^ V^ fourscoir tuelf yeiris In 
fauouris of the frie burrowis of this realme and thair liberties and priuilegeis aganis vnf rie 
traffickeris and anent vsing of craftis in all the suburbis of the saidis burowis Speciallie 
bering that all maner of personis inhabitantis of the saidis burrowis exerceand ony 
maner of traffique in merchandise or having exchange within the same Sail beir thair 
pairt of all stentis and taxationis watching and warding in all dewties and suites per- 
tening to our souerane lord the weill of the realme and vtilitie of the burgh as at lenth 
is coutenit in the said act and all clauses and condicionis thairin contenit with this 
additioun that the samyn salbe extendit to all merchandis or craftismen alsweill frie 
as vnfrie that hes na vther duelling place hot within burgh and hes thair commoditie 
within the same burgh and beds na burding of taxatioun without the same burgh 



CAP. 36. 

[1594, cap 226.] 

Anent the vphalding of decayed landis within burgh 

OURE Souerane Lord with auise of his estaitis in this present parliament Ratifies 
and apprevis the actis and statutis maid be his hienes maist noble progenitouris of 

66 



C. 36.] James VI. 1594. 

worthie memorie concerning the vphalding of landis gevin in coniunct infeftment 
alaweill to burgh as land and for the better executioun thairof and reparatioun of 
the decayed poucie within burgh Statutis and Ordanis That the provest and baillies 
of ilk burgh Sail at the instance of the heretouris of the landis within the same vpoun 
citatioun of pairtie tak summar cognitioun of the estait of the landis houses or tene- 
mentis within the burgh be ane condigne inquest of the nichtbouris thairof And gif 
the samyn be found auld decayed and rwinous in ruif sklattis durris windois fluringis 
loftis tymer wark and wallis or ony of thame And ane [land] biggit of auld and 
throw lang tyme decayed in sic sort that it be alreddie inhabitable or that within 
schort tyme may becum inhabitable In that cace To decerne that the coniunctfear or 
lyfrenter sail repair the saidis landis and tenementis in the partis thairof decayed as salbe 
fund be the said inquest within the space of yeir and day nixt efter thai be requirit 
thairto be the heretouris and falyeing thairoff declaris that it salbe frie to the saidis 
heretouris To enter to the possession n of the same To haue the setting rasing vsing 
and disponing thairvpoun in all tymes cuming as gif thair wer na lyfrent or con- 
iunctfie standing thairof prouyding alwyes that sufficient securitie [in the burgh] 
quhair the landis or tenementis lyis l>e tane for termelie payment to the coniunctfearis 
or lyfrentaris thairof induring thair lyftyme of sic maill and dewtie as the same pre- 
sentlie gevis the tyme of the said cognitioun or micht ressonablie gif in that estait 
incace it be nocht presentlie sett deduceand alwaves the annuellis and vther burding 
lyand thairvpoun And This to be extendit to all brunt and waist landis and aganis 
ul coniunctfearis present and to cum within burgh 



PARLIAMENT AT EDINBURGH, 1st November 1597. 

CAP. 3. 

[1597, cap. 232.] 

EiRKYARD dyikis suld be biggit 

OURE Souerane Lord and estaitis in parliament Statutis decernis and ordanis That all 
parochineris of euerie paroche kirk within this realme Build and repair the kirkyard 
dyikis of thair awin paroche kirk with stane and mortour to the heiche of twa ellis 
And to mak sufficient stillis and enteres in the saidis dyikis to pas to the kirk and 
kirkyard thairof And ordanis the lordis of the sessioun to direct and gif lettres and 
chargis thairvpoune in forme as efferis 



CAP. 17. 

[1597, cap, 250.] 

All fewis may be decemit null ffor nocht payment of the dewtie albeit na 

provisioun be maid thairanent in the infeftment 

OURE Souerane Lord and estaitis of this present parliament haveand consideratioun 
of the great dampnage and skayth quhilk his maiestie and liegis of this realme sus- 
tenis throuch ewill and vntymous payment of the few dewteis of thair landis sett in 
fewferme Thairfoir statutis and ordanis that incais it salhappin intymcumming ony 
wassell or fewar haldand landis in fewferme of our souerane lord or of ony vther 
superiour Immediatlie in fewferme to failyie in making of payment of his few dewtie 
to our souerane lordis comptroller or vther haveand powar of him or to vther 
Immediat superiour or vtheris haveand powar of him be the space of twa yearis haill 
and togidder that they sail amit and tyne thair said few of thair saidis landis conform 
to the ciuill and cannoun law Siclyk and in the samin maner as gif ane claus Irritant 
war speoiallie ingrossit and insert in thair saidis infeftmentis of fewferme 

67 



C.40.] James VI. 1597. 

CAP. 40. 

[1597, cap, 273.] 

The panis of Law burroues Said be payit be him qaba for his dissobedience is 
denunceit Bebell The cautioner may be Perseuit or the Principall 

OURE Souerane Lord and estaitia of Parliament statatis and ordanis that the panis 
of contrauentioun salbe payit be the Principall pairtie That is chairgeit to find Law- 
borrouis albeit he passe to the home and find not cautioun And nf he find cautioun 
That baithe he as Principall and als his cautioner salbe subiect to the payment thairof 
at the optioun of the Perseuar as in all vthair pecuniall obligationis 



CAP. 41. 

[1597, cap, 274.] 

The Paine of the generall band is deuidit betuiz the king and the Pairtie 

OURE Souerane [Lord] and estaitis of Parliament statutis and ordanis that the Panis 
of contrauentioun of the generall band salbe deuidit betuiz the king and the pairtie in 
all tyme cuming 



PARLIAMENT AT EDINBURGH, 1st November 1600. 

CAP. 22. 

[1600, cap. 13.] 

Anent homyngis 

OURE Souerane Lord and Estaittis of this present parliament Considering the great 
expensis and fascherie the lieges of this Realme sustenis be seiking of ane notar and 
four witnesses To the Registratioun of all lettres of horning relazationis Inhibitionis 
and Interdictionis in the schireffis bailleis or stewards buikis within this Realme And 
als sustenis great delay be seiking of the derkis quha suld registrat the samyn 
THAIEtFOIR oure souerane Lord and Estaittis forsaidis .... decemis and declaris 
the samyn lettres quhilkis ar or sail be registrat in the said schireflis bailleis or 
stewards buikis be the clerk thairof Or be the clerk of register and his deputtis in 
the buikis of counsaill Sail be valide and sufficient in the self And sail mak faith in 
Judgement or outwith in all tyme cumming 

[In part rep., 6 Ed. 7 c. 38 (S.L.B.).] 



CAP. 23. 

[1600, cap. 14.] 

The negligence of the kingis officiaris may be supplyit be thair successouris 

OURE Souerane Lord and Estaittis of parliament statutis and ordinis That the sleuth 
and negligence of ony of his hienes officiaris In the persewing or defending of ony of 
his actionis or causes in ony tyme bigane or to cum Sail nawayes be preiudiciall or 
hurtfuU to his hienes bot that he and his officiaris successouris in that office May 
without ony ordour of reductioun and be way of ezceptioun or reply vse and propone 

68 



0.23.] James VI. 1600. 

all and sindrie exoeptionis replyis and defenses competent of the law quhilkis wer 
willinglie or negligentlie omittit be thair predeoessouris And thairby supplie quhat- 
sameuir thin^ that hes bene neglectit or omittit be thair saidis predeoessouris To the 
effect That his hienes and his crowne be nawayes hurte nor preiudeeit be negligent 
officiaris And that the benefitt of his lawes may be competent to him at all tymes 
qahair It sail pleis him and his officiaris to crave and vse the samyn 



CAP. 29. 

[1600, cap, 20.] 

Anent the manage of adulterous personis 

OUBE Souerane Lord with advyse of the estaittis of this present parliament decernis 
8,11 manages to be contractit heireftir be ony persones divorceit for thair awin cryme 
and fact of adulterie frome thair lauchfuU spouses with the persones with quhome 
they ar declarit be sentence of the ordinar Judge To haue committit the said cryme 
and fact of adulterie To be in all tyme cumming Null and vnlauchfull in thame selfis 
And the suocessioun to be gottiu be sic vnlauchfull coniunctionis To be vnhabill to 
succede as airis to thair saidis Parentis 



CAP. 30. 
[1600, cap. 21.] 



Bbgistbris of the schirefclerkis to be markit be the Clerk of Be^ister and his 
depputtis and thair extractis to be markit be thame selfis 

THAT all and quhatsumeuir schireff derkis in all tymes heireftir Sail present thair 
Begisteris to the Clerk of Begister to be markit be him and his deputtis And quhat- 
sumeuir Begistratioun to be subscryuit be thame vpoun quhatsumeuir lettres togidder 
with quhatsumeuir extractis sail be gevin furth thairof To ony persons Sail contene 
in all tyme cumming the leaf quhairin the samin is registrat .... And that nane 
of thame subscryve thair registratioun vpoun ony letter or give furth ony extract 
subscryvit be thair hand .... vnspecefeing the leaf quhairin the same is contenit 
within thair buik markit as said is Ynder the pane of ane hundreth merkis money 
toties quoties But preiudice alwayes of the homingis quhilkis the saidis derkis 
omissioun or neglect in this behalf sail nawayes mak Invalide 

[In part rep., 6 Ed. 7 e. 38 {S.L.R.).] 



PAELIAMENT AT EDINBUBGH, 9th jult 1606. 

CAP. 1. 

[1606, cap. 1.] 

Acrr anent the kingis maiesteis prerogatiue 

FOBSAMEEILE as the Estaittis and haill bodie of this present parliament Consider- 
ing that with the lauchfuU discent in the persone of oure most gratious Souerane of 
the richteous inheritance of the famous and renowned kinsdomes of England france 
and Irland quhilk verie far surpassis the wealth power ana force of the dominionis 
of ony of his progenitouris kingis of Scotland God hes also Joynit ane wonderf uU 
incresce of Cair and burding fTor discharge quhairof he hes endewed his maiestie with 

69 



C. 1.] James VI. 1606. 

sa mony extraordinar graces and maist rare and excellent vertues As he is nocht onlie 
knawin by daylie and Manifest experiences in materis of greatest difficultie and con- 
sequence To the vnspeakable conforte of all his faithfuU subiectis To be capable of 
the happie gouemament of his saidis kingdomes Bot be his maist singular Juagement 
foirsicht and princelie wisdome worthie to posses and habill to gouerne far greater 
dominionis and Numberis of people And inrespect thairof The saidis estaittis of parlia- 
ment persaveing that be his maiesteis exaltatioun nocht onlie in preeminence and 
Eovrer bot also in all royall qualiteis requisit for the happie discharge thairof God 
es manifestlie expressit his heavinlie will To be That his maiesteis Imperiall power 
quhilk god hes sa gratiouslie inlarged Sail nocht by thame in ony sorte be Impared 
prejudged or diminissed bot rather reverenced and augmented sofar as possible they 
can THAIRFOIR the saidis Estaittis and haill bodie of this present parliament all in 
ane voluntar humbill faithfull and vnited hairt mynd and consent Trowlie acknaw- 
leges his maiesties souerane authoritie princelie power royall prerogatiue and privilege 
of his Crowne Ouer all estaittis persones and causes quhatsumeuir within his said 
kingdome And his maiestie with express advyse consent and assent of the saidis haill 
Estaittis Batefeis appreves and perpetualie confermis the samyn AJs absolutlie amplie 
and frelie in all respectis and considerationis As euir his maiestie or ony of his royall 
progenitouris kingis of Scotland in ony tyme bi^ane possessed vsed or exerced the 
same And lykwayes with consent foirsaid Cassis annullis abrogattis retreittis and 
rescindis All and quhatsumeuir thingis attempted enacted done or heireftir to be done 
or Intendit To the violatioun hurte derogatioun Imparing or prejudice of his hienes 
souerane authoritie Eoyall prerogatiue and privileges of his crowne or ony point or 
pairt thairof In ony tyme bigane or tocum And the saidis haill Estaittis for thame 
selffis and thair successouris faithfuUie promittis Perpetualie to acknawlege obey man- 
tene defend and advance the lyfe honour saiftie dignitie souerane authoritie and 
prerogatiue royall of his sacred maiestie his airis and successouris and privilege of his 
hienes Crowne with thair ly ves landis and gudis to the vttermest of thair power And 
constantlie and faithfullie to withstand all and quhatsumeuir persones poweris or 
estaittis quha sail presume preas or Intend ony way es to Impugne prejudge hurte 
or Impair the same And nevir to cum in the Contrair thairof directlie nor Indirectlie 
in ony tyme cummyng 



CAP. 6. 

[1606, cap. 7.] 

Anbnt glebis in pasturage and sowmes grass 

OURE Souerane Lord and Estaittis of this present parliament vnderstanding that be 
the act of parliament Anent the designatioun of manses and gleibis to Ministeris IT 
is ordinit that thair sail be four akeris of land desi^nat to ilk Minister for his gleib 
Nixt adiacent to the kirk And seing that by the Iniquitie of tyme and disordour of 
the bordouris and hielandis of this realme in tyme bigane Thair ar sindrie kirkis 
within the samin quhilkis hes na arrable land adiacent thairto bot onlie pasturage 
Sua that be the foirsaid act of parliament maid anent the designatioun of four akeris 
of land onlie for the gleib of ilk Minister and na forder The Ministeris serveing the 
Cure at sic kirkis as hes na arrable land adiacent thairto bot onlie pasturage Ar 
greatumlie hurte and defraudit FOB BEMEDE quhairof it is statute and ordanit 
That in all tyme cumming Thair be designit to the Ministeris serveing the cure at 
sic kirkis quhair thair is na arable land adiacent thairto four sowmes gress for ilk 
aker of the saidis four akeris of gleib land Extending in the haill to sextene sowmes 
for the said four akeris And that of the maist commoaious and best pasturage of ony 
kirklandis lyand nixt adiacent and maist Ewest to the saidis kirkis And ordinis lettres 
to be direct aganis the possessouris thairof for removeing thairfra in the samyn forme 
as is appointit be the foirsaid act of parliament maid Anent designatioun of Manses 
and gleibis of befoir 

70 



C. 9.] James VI. 1606. 

CAP. 9. 

[1606, cap. 10.] 

Act Anent directing of Lettres of hornyng on schirei&s stewartis 

and bailliea decreittis 

OURE Souerane Lord and Estaittis of this present parliament ordinis for the greater 
forderance and better executioun of Justice to all his Maiesteis lieges And eschewing 
of the superfluous and vnnecessar charges quhilk thev sustene by poinding on decreittis 
obtenit befoir schireffis stewartis and baillies alsweili of Royaltie as regalitie That the 
lyk lettres and executioun of horning be direct and gran tit be the Lordis of Sessioun 
vpouu all actis decreittis and Sentences of schireffis stewartis and baillois alsweili of 
royaltie as regalitie As is grantit and direct vpoun decreittis actis and sentences of 
provestis and bailleis within burgh (Tonforme to the act of parliament maid thairanent 
and eftir the forme and tennour of the samyn in all pointis 



CAP. 12. 

[1606, cap. 13.] 

Anbnt laying of lynt in Lochis 

OUSE Souerane Lord and Estaittis of parliament finding that the laying of Lynt 
in lochis and burnis Is nocht onlie verie hurtfull to all fiscbes bred within the samyn 
And bestiall that drinkis thairof bot also the haill watteris of the saidis lochis and 
burnis thairby being infectit Is maid altogidder vnproffitable for the vse of man And 
verie noysum to all the people duelland thairabout Thairfoir statutis and ordinis that 
na persone nor persones in tyme cumming lay in lochis and rvnnand burnis ony grene 
lynt vnder the pane of fourtie schillingis toties quoties for ilk tyme they sail contro- 
vene And als confiscatioun of the lynt To be applyit to the puire of the parochin 
within the quhilkis the saidis lochis and burnis lyis And be the tennour heirof Geves 
power to the sessioun of the kirk of ilk parochin To trye cognosce and put this present 
act to executioun And to vplift the vnlawis and to confische and dispone Tpoun the 
said lynt to the weill of the pure of the parochin as said is And ordinis Lettres of 
publicatioun to pas heirvpoun in forme as efferis 



CAP. 16. 

[1606, cap. 17.] 



Acr for staying of all vnlauchfuU conventionis within burgh and for assisting 
of the magistrattis in the executioun of thair offices 

OURE Souerane Lord and Estaittis of this present parliament Batefeis and appreves 
all and quhatsumeuir actis maid heirtofoir be his maiestie and his hienes progenitouris 
and the f^taittis of the Realme for staying of all tumultis and vnlauchfuU meitingis 
and convocatiouis within burght And ordinis the samin to haue effect and to be put 
to dew executioun aganis the controvenaris thairof in all pointis with this additioun 
that na persone nor persones within burgh of quhatsumeuir rank qualitie or conditioun 
they be of presume or tak vpoun hand Ira this furth vnder quhatsumeuir collour or 
pretext To convocat or assemble thame selffis togidder at ony occasioun Except they 
mak dew Intimatioun of the lauchfuU causes of thair meittingis To the provest and 
bailleis of that burght and obtene thair licence thairto Sua that nathing be done or 
attemptit be thame in thair saidis meitin^s quhilkis may tend to the derogatioun or 
violatioun of the actis of parliament Lawis and constitutionis maid for the weill and 

71 



0. 16.] James VL 1606. 

quietnes of the saidis burghis Declaring be thir presentis the saidis ynlauchfull meit- 
tingis and the persones present thairat To be factions and seditious and all procedingis 
thairin to be null and of nane availl And the saidis persones to be pvnischit in thair 
bodeis gudis and geir with all rigour conforme to the lawes of this realme And to the 
effect the saidis ynlauchfull meitingis with all vtheris tumultis trublances and pleyis 
that salhappin to fall out within the saidis burrowes may be substantiouslie suppressit 
Ordanis the haill inhabitantis of the saidis burrowes at all occasiones To reddelie assist 
and concur with the magistratis and officiaris thairof for satling of the saidis tumultis 
and trublances And pvnischeing of the authouris and movearis thairof And sic as sail 
nocht Assist and concur with the saidis magistratis redelie or thair officiaris for redding 
and satling of the saidis tumultis and trublances as said is Sail be repute and haldin as 
fosteraris and mantenaris of the saidis tumultis and pvnischit thairfoir in thair persones 
and vnlawit in thair guidis at the arbitriment of the Magistrates and Gounsaill of the 
said burgh And ordinis publicatioun to be maid heirof at the marcat croces of the 
saidis burrowes that nane pretend Ignorance thairof 



PARLIAMENT AT EDINBUEGH, 18th march 1607. 

CAP. 6. 

[1607, cap. 3.] 

Act Anent woddis parkis planting dowcattis et cetera 

OURE Souerane Lord and Estaittis of this present parliament Considering how 
woddis parkis and all sorte of planting and hanyng decayes within this realme And 
how dowcattis ar brokin bees stollin mennis propir lochis and stankis hemt To the 
great hurte and prejudice of the countray and decay of policie THAIRFOIR Ratefeis 
and appreves all actis of parliament maid of befoir for conseruatioun of planting and 
policie and aganis brakeris of dowcattis steiling of beis and of fisches furth of mennis 
stankis and propir Lochis In the haill pointis articlis and clauses thairof And ordinis 
the samin to be put to executioun aganis the Controveneris thairof And forder the 
saidis Estaittis Statutis and Ordinis that quhasoeuir shall be fundin heireftir To brak 
doun his nichbouris woddis and park dyikis fenses stankis or closouris to pasture 
within the saidis fenses Cutte treis browme or schear grasse within the same or yit 
brakis dowcattis Steillis Beis and fisches in propir stankis and loches Shall be callitand 
convenit thairfoir as a braker of the Law ather befoir the privie counsall or ony vther 
ordinar magistrat within this realme at the optioun of the pairtie complenar And the 
penaltie to be Imposit and takin of the Controvenaris befoir the saidis ordinar Inferiour 
Judges Aucht nocht to exceid the sowme of fourtie pundis of this Realme And the 
secrete counsaill to Impose sic penalteis aganis the controvenaris of this present act 
as eftir tryell tane in the cause they sail find the offendar to merite and deserue But 
preiudice alwayes of putting of all former actis maid anent the premises to executioun 
eftir the forme and tennour thairof 



CAP. 13. 

[1607, cap. 6.] 

AcTT in fauouris of the f rie burrowis Regall aganis vnfremen 

OURE Souerane Lord and estaittis of this present parliament Ratefeis apprevis and 
confermis all actis Lawes decreittis and privileges grantit or gevin in fauouris of his 
hienes frie Royall burrowes And .... statutis and ordinis .... that lettres of 

72 



C. 13.] James VI. 1607. 

horning be direct vpoun all aotis and decreittis of burrowis gevin at thair (Tonventionia 
betuix burgh and ourgh and burgesses of frie burrowes vpoun ane simple charge of 
Ten dayes without calling of pairtie 

[In part rep., 6 Ed. 7 c. 38 (S.L.R.).] 



CONVENTION AT EDINBURGH, 27th jan. 1609. 

CAP. 22. 

[1609, cap. 15.] 

ACTT ordenning Letteris of homyng to be direct vpoun admirallis decreittis 

FOBSAMEEXE as be the act of parliament maid at perth in the moneth of Julij 
1606 IT was then statute and ordanit in all tyme commyn^ that all decreittis gevin 
be shireffis commissaris bailleis of Begaliteis bailleis of bailleries and stewartreis should 
pas and haue executioun of horning vpoun ten dayes warning As at mair lenth is 
contened in the said act wheirin their wes the tyme of the passing theirof omitted 
and nocht expressed thairin The decreittis to be gevin by the admirall of this realme 
and his deputtis whilk being a souerane Judicatorie in it self and of its awin nature 
Importing summar executioun CURE SOUERANE LORD and Estaittis presentlie 
Convened In Consideratioun that the Insufficiencie corruptioun and defectis whilkis 
wer in the Deputtis and memberis of these courtis in former tymes And wheirby 
these Judicatoreis wer thocht nocht worthie of that fauour Is now helpit and weill 
amendit by the planting of hable worthie and sufficient men in their places Hes 
inacted statute and ordanit That siclyk executioun of horning pas vpoun all decreittis 
to be gevin be the said great admirall and his deputtis in tyme commyng As vpoun 
ony of the saidis schireffis Comissaris or vther Inferiour Judges decreittis Conforme 
To the said act of parliament maid theiranent of befoir 



PARLIAMENT AT EDINBURGH, 12th oct. 1612. 

CAP. 7. 

[1612, cap. 7.] 

Ane Act allowing homyng vpon ane sympill charge of fyftene dayes 

tobe direct vpoun Commissars decretis 

OURE Souerane Lord be aduise of the thre Estaittis of Parliament Ordanis and 
statutis That the decretis and sentences of all Commissars within this Eingdome 
Receve siclyke executioun be hornyng as the decretis of Schireffis admirallis stewards 
and Baillies of bureh And that the Lords of Sessioun vpoun the sicht of the acts and 
decretis of the saidis Commissars or thair preceps Lauchfullie execute be thair officiars 
bearing the partie to haue bene chargit vpoun fyftene dayes direct Lettrez of hornyng 
vpoun ane simpill charge of fyftene dayes as in the cases foirsaidis and conforme to 
the act of parliament maid in thair favouris 



73 



C. 3.] James VI. 1617. 

PARLIAMENT AT EDINBURGH, 27th may 1617. 

CAP. 3. 

[1617, cap. 3.] 

Anbnt the plantatioun of kirkis 

OURE Souerane Lord Considering that tbair be dyuers kirkis within this kingdome 
not plantit with ministeris Quairthroch ignorance and atheisme aboundis amangis the 
people and that monye of these that ar plantit have no sufficient prouisioun nor 
mantinance appoyntea to thame whereby e the ministeris ar keipit in poverty e and 
contempt and can not frutefullie travell in thair chargis Considdering also that no 
thing is more properlie belonging to his princelie Care then to see to the goode estate 
of the kirkis within his dominiones out of that zeale whiche his Maiestie beiris to the 
promoveing of the kingdome of christ And for ane perfyit remedie of these evillis 
with aduyse and consent of the estaitis of parliament Hes grantit full power and 
Commissioun to the Lord chancellar for the tyme and to the reuerend fatheris in god 
Jhonne Archiebischope of Sanctandrois James archbischope of glasgow alexander 
Bischope of dunkeld alexander Bischope of Abirdene Alexander Bischope of Murray 
Patrik bischope of Ross Adame bischope of dumblane and williame bischope of 
galloway Eight persones nominat for the Clergie and prelattis and incace of the deceis 
of any of thame to Andro bischop of brechin george bischope of Orkney Andro 
bischope of Argyill and John bischope of Cathnes whiche foure persounes His Maiestie 
and estaittis hes nominat to supplie and becum in the place off anye of the vther eight 
foirsaidis gif any sail happin to deceis before this Commissione be finischit To wit the 
first of the four in place of the first of the Eight deceissand and so in ordour succes- 
siuely as thay ar namit And to Johnne Earle of Mar Lord thesaurer James marques 
of hammiltoun James Earle of Abircorne williame erle of Tullibardin Robert Earle of 
Roxburgh John vicecount of lauderdaill Thomas lord Binning and dauid lord off 
Carnegye Eight persounes nominat for the nobilitie And incace of anye of thair 
deceiss to alexander Lord Elphingstoun nominat to becum in the place of the first 
deceissand alexander erle of eglingtoun in the secund Jhonne erle of Peirthe in the 
third and Jhonne lord Balmerinocht in the fourt And to the Commissioneris vnder- 
writtin nominat for the barrones To witt williame douglas of Drumlangrig Sir waiter 
dundas of that ilk Sir James halieburtoun of pitcur Sir Jhonne hammiltoun of Lettrik 
Sir Jhonne vans of Barnebarroch Sir Andro murray of Balvaird Sir alexander gordoun 
of Clunye and to Sir george auchinlek of Balmanno And incais of anye of thair deceis 
To Thomas vrquhart Schireff of Cromartie Sir alexander strachan off thornetoun 
Josias Stewart of Bonytoun and Sir Robert Stewart of schillinglaw persones nominat 
to becum in ordoure as thay ar namit in places of onye of the eight deceissand And 
to James arnote burges of Edinburgh Maister alexander wodderbume clerk of Dundie 
Sir thomas meingyeis provest of abirdene Jhonne scheirar burges of Striuiling andro 
mylne burges of Linlithgow Jhonne osburne burges off Air Jhonne mathesoun clerk 
of Carraill and Sir george bruce off Carnok knight burges of Culros eight persounes 
nominat for the burrowis And incace of anye of thair deceiss To alexander clerk 
merchand burges of Edinburgh Maister william fergusoun burges of dundie george 
nicolsoun burges of abirdene and Jhonne williamesoun Clerk of striuiling Persounes 
nominat to supplie in ordoure any of the vther eight commissionaris foirsaidis 
deceissand whiche foirsaidis Commissionaris or onye fyve of ilk estate nominate as 
said is Consenting and aggreing in ane voce salhave power to convene consult and to 
determine vpoun the materis and in maner vnderwrittin Prowyding alwayis that thair 
is and salbe necessarlie requisite to the validitie of any act condusioun ordinance and 
determinatioun off the saidis Commissioneris The coniunct assent of fyve of everie 
ane of the saidis four estaittis all aggreing togidder in ane voce without the whiche 
consent of the saidis fyve of ilk estate so aggreing The rest of the saidis Commis- 
sioneris salhave no power to mak anye valide or effectuall Condusioun be vertew of 
this present Commissioun Bot whatsoeuir salbe vtherwayis done is declared to be 
of no availl force nor effect That is to say OURE SOUERANE LORD and estaittis 
of Parliament be the tennour heiroff gevis grantis and Committis full power and 

74 



C. 3.] James VL 1617. 

authoritie to the saidis Commissioneris to melt and convene in the toun of Edinburght 
at sick tyme and tymes as they sail appoynt and find convenient and thair to call and 
aummond before thame all patrones and takismen of teyndis gryit and small and all 
vtheris haveing richt be quhatsumeuir tytill to the teyndis within this kingdome as 
they sail think necessar and expedient to exhibite and produce before thame thair 
Richtes and tytles quhairby they clame the saidis teyndis To be sene and Considderit 
be the saidis Commissioneris with power to thame out of the saidis teyndis of everie 
parochin to appoynt and assigne at thair discretiounes Ane perpetuall Locall stipend 
to the minister present and to cum at all kirkis that salbe fund be thame ather as yit 
not prowydit at all with Ministeris and stependis or quhair the prouisioun is less nor 
fyve hundreth merkis in yeirlie rent of money or fyve chalderis victuell (by manse 
and gleib) or sick proportioun particularlie of siluer and victuell as will effeir and 
extend to fyve hundreth merkis or fyve chalderis victuell yeirlie and whiche is the 
least and meanest stepend and prouisioun determinat appoynted and declared be his 
Maiestie and [the] estaittis to be gevin and assigned to anye minister for his Locall 
stepend in tyme cuming where the fructis of the benefice will extend to that quan title 
in Maner vnderwrittin and that Nochtwithstanding of anye richt or ty tie pretendit 
be the said takismen or vtheris in quhais fauoures Teyndis haue bene erected With 
speciall power also to the saidis Commissioneris to vnite sick kirkis ane or ma as may 
convenientlie be vnite where the fruittis of anye ane alone will not sufSce to Intertene 
ane minister In the whiche cace of vnioun of sick kirkis giff it fall out that necessitie 
offer to vnite kirkis belonging to presentatioune of dyuers patrones the presentatioun 
of the ministeris salbe appoynted be the saidis Commissioneris to pertene to the 
patrones (alternatis vicibUs) to the whiche Commissioneris His Maiestie and the 
estaittis does recommend and refer to considder and appoynt farder sick solidd ordour 
as may be maist convenientlie takin and stand with the least preiudice of any of the 
patrones and as they salbe fund to haue more or less interess in the kirkis to be so 
vnited It is alwayis prowydit that Quhairas thair ar dyuers kirkis quhairoff the ff uctis 
off anye one will not extend to the quantitie of fyve chalderis victuell nor fyve 
hundereth merkis of siluer in yeirlie Commoditie and that the rentis and haill 
patrimonie thairoff are nowayis ansurable to that proportioun and so is not sufficient 
alone for the full mantinance off ane minister and yit Nevirtheles for distance of place 
or vtheris lauohfuU causes may be found Incommodius to be vnited Quhairby 
necessitie will evince Irhat everie kirk in that estate suld be planted with thair awin 
particular minister to serve thairat whois prouisioun behowis necessarlie to Consist 
of the fructis of the benefice it selff how meane soeuir the same be Thairfore it is 
declairit that it salbe sufficient to the saidis commissionaris in that cace to assignne 
and appoynt to the minister to be plantit at any sick kirkis the haill fruittis pertening 
to the patrimonye thairoff by and attoure his manse and gleibe whiche fruittis ar to 
be Inioyed be him and his successoures thairefter as thair perpetuall locall stipend 
and prouisioun And to the end the said Commissione may tak the bettir effect and 
for ane solide ordoure anent the prouisioun of the saidis kirkis with thair certane 
definite stepend and that it may be cleirlie kuawin Quhat salbe the proportioun and 
quantitie of any stepend whiche salbe heirefter appoynted to everie minister at everie 
kirk ather not prowydit at all or not sufficientlie prowydit as said is OURE 
SOUERANE LORD and estaittis declairis that the least and meanest stepend quhilk 
they sail have appoyntit to be heireftir prowydit be the saidis Commissioneris to any 
minister sail not be vnder and within the quantitie of fyve chalderis victuell or fyve 
hundreth merkis of money or proportionallie pairt of victuell and pairt thairoff in 
monye according as the fruittis and rentis of the kirk may yeild and afforde and as 
the saidis commissioneris sa^l think expedient effeirand to the saidis fyve chalderis 
victuell or fyve hundreth merkis money by and attoure thair manse and gleib quhair 
the haill fructis of the kirk will extend to the quantitie foirsald And that the gryitest 
and most stipend whiche the saidis Commissioneris sail have power to assignne for 
stepend to any minister at any of the saidis kirkis ather not plantit or plantit and 
prowydit with stependis within and vnder the saidis fyve chalderis victuell or fyve 
hundreth merkis money as said is Sail not exceid the quantitie of ten chalderis 
victuell or ane thousand merkis of money and proportionallie pairt of money and 
pairt of victuell at the Consideratioun of the saidis commissioneris as they sail find 

75 



C. 3.] James VI. 1617 

be ezaminatioun of the rentis of the kirk maist convenientlie may be payed by and 
attoure thair manse and gleibe Sua that the gryitest salbe ane thousand merkis or ten 
chalderis victuell with manse and gleibe and the least fyve hundereth merkis or fyve 
chalderis yictuell with manse and glebe Except where the haill fraittis off the kirk 
will not extend to that quantitie as said is And findis and declairis that all kirkis 
whiche ar plantit with ministeris quhais stependis extendis to fyve chalderis victuell 
or fyve hundreth merkis of siluer or pairt of bothe effeirand to the whole by thair 
manse and gleibe (The samen being maid sure to thame) ar expreslie exceptit out of 
this (Tommissioun and nowayis Cummes vnder the compas thairoff nather sail the 
said is Commissionaris have anye powar be vertew heiroff to medle with anye kirkis 
or stependis whiche ar in that caice seing that the said (Tommissioun Is not extendit 
to the same IT Is also prowydit that where anye kirkis ar sufficientlie prowydit 
alreddie albeit thair prouisioun does exceid the foirsaid quantitie of ten chalderis 
victuell or ane thousand merkis of money And als where the fruittis of any benefice 
ar in the possessioun of the minister that the samen salbe Gontinewit in the estait 
quhairin it is at the present and not to be medled with be vertew of the said commis- 
sioun And becaus resoun and equitie cravis that recompans suld be made to the 
takismen and vthers persones quhatsumeuir who salbe by the sentence of the saidis 
Commissioneris hurt and preiudgit of thair present proffite whiche they may lauch- 
fuUie bruke be vertew of thair tytillis and rightes establisched in thair persounes and 
vpoune whome be vertew of the said sentence anye burding of the sustentatioun and 
prouisioun of the saidis kirkis and ministeris is to be imposed THAIRFORE OURE 
said souerane lord and Estates of parliament Gevis full power and Gommissioun to 
the saidis Commissionaris So to proceid in the determining of the saidis recompences 
That incaice the Lord or anv vther haveand Bight to erected prelacies who salbe cited 
before thame refuis to tak the burding of Plantatioune of any kirkis belonging to the 
saidis erected prelacyes whiche ar not planted or to help sick vther kirkis of the 
samen as ar not weall and sufficientlie prowydit accordins; to the tennour of the 
foirsaid commissione And that vpoun thair refusall (The said refusall being first fund 
resonable be the saidis commissioneris) The burding of the said plantatioun or farder 
prouisioun salbe laid and imposed be the saidis G)mmissoneris In whole or in pairt 
ather vpoun the principall takismen of anye of the fruittis of the saidis kirkis Or 
incaice the takismen refuis the burding be imposed vpoun the subtakismen thairoff 
the saidis Commissoneris sail haue power to decerne appovnt and ordane sick par- 
ticular recompens to be gevin to the saidis takismen or suotakismen be renewing of 
thair takis or subtakkis efter the expyring thairoff vpoun sick conditiounes as the 
saidis Commissioneris sail find Reasonable Respect being had to the qualitie and 
proportioun of the burding to be imposed vpoun thame within the tyme of thair 
takkis and richtes farder then they ar astricted be thair saidis riffhtes Or be appoynting 
sic vther reasonable satisfactioun as they sail find the said burding and distres vnder- 
gone be anye of thame sail deserve and requyre Lyik as the saidis commissoneris 
salhave siclyik power to determine decerne and appoynt sick particular satisfactioun 
and recompence to be Oevin ather to laik patrones or to the takismen of the fruittis 
of the kirkis belonging to the lyik patronages and subtakismen thairoff as they sail 
think may be ansurable to the burdingis to be Imposed vpoun ather of thame for the 
cans abonewrittin proportionallie IN THE prescryveing of the whiche recompence 
The saidis Commissionaris salhave speciall respect what consideratioun they find 
reasounable to be gevin to the saidis patrones for thair consentis to the takis gif any 
salbe appoynted and decerned to be sett and gevin to the saidis takismen for recom- 
pence foirsaid And giff anye beneficed persoun vpoun Just and resonable causes 
refuises to prowyid ony kirk belonging to thair benefice according to the ordoure 
heirby prescryved wherby the burding of plantatioun or farder prouisioun of the kirk 
must necessarlie ly vpoun the takismen or subtakismen of the fructis thairoff The 
saidis commissioneris in that cace also sail decerne sick recompens to be gevin be the 
saidis takismen and subtakismen for thair lose and preiudice sustened As the saidis 
commissioneris sail find the samen sail merite be renewing of takis to thame upoun 
sick conditiounes as may requyte thair lose or be finding out some vther reasonable 
meane whiche may repair the samyne AND OURE SAID SOUERANE LORD with 
aduyse and consent of the saidis estatis declaris statutes and ordanis That all takis 

76 



C. 3.] James VL 1617. 

whiche salbe decerned be the saidia CommissioDeris To be gevin in recompens to 
anye persoun whatsumeuir for the causes abonevrittin and whiche salbe sett for 
obedience and Conforme to the said decreit and sentence whatsumeuir yeiris or long 
space the saidis takis sail comprehend salbe guid lauchfuli and sufficient securities to 
the persounes in whois fauoures the same ar appoyntit to be gevin and conceaved 
nather sail the same be anye wayis preiudgit be the act maid in this parliament be 
the quhilk It is statute that no archbischope bischope or prelate suld sett in tak ony 
pairt of thair patrimonye for longer space nor nyntene yeiris And that no Inferiour 
beneficed persone sail sett in tak any pairt off thair benefice for longer space nor thair 
awin lyvetymes and fy ve yeiris thairefter As the said statute proportis fi'ra the whiche 
statute The saidis takis so appoynted to be Sett and gevin in recompence ar and salbe 
excepted and reserved and sail nowayis cum vnder the compas of the said act and 
statute nor in ony thing thairin conteaned hot the same sail remayne and abyid valide 
and sufficient richtis for [the] haill space and yeiris appoynted thairin According to 
the tennour thairoff nochtwithstanding of the said act and statute AND BECAUS 
IT MAY fall furth that in the recompens to be appoynted by the Commissioneris To 
the patrones Takismen and subtakismen for the foirsaid burding to be Imposed vpoun 
thame ma yeiris may be assigned for prorogatioun of thair present takis nor may 
lauchfullie and Gonvenientlie be Sett be the present beneficed persones To whome be 
law The setting of Takkis of teindis belongis FOR EEMEID quhairoff Oure souerane 
lord with aduyse and consent of the saidis estaittis declairis Statutes and ordanis 
That it salbe lauchfuli to the Commissioneris foirsaidis to appoynt als mony yeiris 
efter the expyring of the present takis to the takismen of the saidis kirkis and teindis 
or to the patrones or Bubtakismen respectiue for bruiking of the saidis teindis for 
recompence off the said burding As they sail think ressonable whiche salbe als gude 
valide and sufficient richtes to the saidis patrones takismen and subtakismen respectiue 
and to thair airis and assignis for bruikeing possessing and disponing vpoun the saidis 
teyndis during the saidis yeiris off prorogatioun As gif ^uide lauchfuli and valide 
takis and richtes off the saidis teindis had bene sett and maid to thame be the titularis 
of the benefices to quhome the samen belongit with consent of all pairties haveing 
enterea With expres prouisioun and declaracioune that at the expyring of all the 
saidis yeiris the richt of the saidis teyndis and power to sett takis thairof sail returne 
and appertene to the saidis titularis of the foirsaidis benefices as they did before the 
making of this present act AND OURE said souerane lord with aduyse of the saidis 
estaittis declairis and ordanis This Commissioun to Lest and indure to the feast and 
terme of lambes in the yeir of god J^^ vj eightene yeiris Efter the whiche tyme the 
same sail ceas and expyre And ordanis the decreit and sentence of the saidis Gommis- 
sionaris In all the particularis foirsaidis and everie ane of thame to haue the strenth 
force and authoritie off ane decreit sentence and act of parliament FOR obedience 
wheroff The Lordis of sessioun sail direct and grant lettres in forme as effeiris and 
according as salbe necessar whiche commissioun abonewrittin taking force and full 
effect in all the saidis particularis thairin conteyned As the samen ar sett doun and 
comprehendit thairin be pronunciatioun of decreit and sentence vpone the same 
(Tonforme to the power thairin comprehendit gevin to the saidis Commissioneris 
OURE SOUERANE LORD with the expres consent and assent off the estaittis in 
that caice findis and declairis That no persoun in whois fauoures the teindis of kirkis 
and benefices ar erected nor na vtheris whatsumeuir bruiking teyndis be vertew of 
Richtis lauchfullie maid to thame of the same according to the lawis of this realme 
then standing salbe evir farder alterit or querrellit in ony of thair saidis richtis in 
ony tyme to cum farder then salbe appoynted be the said decreit and sentence to 
follow [vpon] this present Commissioun bot the saidis Rightis and securities incace 
foirsaid sail remayne in the awin strenth force and effect as gude lauchfuli and 
sufficient Rightes and securities to thame and everie ane of thame for thair awin 
pairtis for bruiking and Inioying the saidis teyndis Conforme to the tennoure of the 
saidis richtes for now and ever 



77 



0. 6.] JaTnes VL 1617. 

CAP. 6. 

[1617, cap. 6.] 

Anent furnesing of Necessaris for Ministratione of the Sacramentis 

OURE Souerane Lord with aduyse and consent of the estaittis of Parliament ordanis 
That all the paroche kirkis within this kiilgdorae be prowydit off Basines and Lavoiris 
for the Ministratioun of the sacrament of Baptisme and of Couppes tablis and table 
Clothes for the ministratioun of the holie Communione whiohe salbe ressavit to that 
vse be the minister of the parochin in sick convenient place as he sail find melt ffor 
whiche He and his heiris and executoures salbe ansurable to the parochin Incaice the 
same be Lost or vtherwayis vseit to any prophane vse And ordanis the expensses 
thairoff to be maid be the parochoneris .... 

[In pari r«p., 6 Ed. 7 c. 38 (&i.fi.).] 



CAP. 12. 

[1617, cap. 12.] 

Anent prescriptioun of heretable Rightis 

OURE Souerane Lord Considering the gryit preiudice whiche his Maiesties liegis 
sustenis in thair landis and heretages not onlie by the abstracting corrupting and 
conc^lling of thair trew evidentis in thair minoritie and les aige and by the amissioun 
thairof by the Iniurie of tyme throche warre plague fyir or suche lyik occasiounes 
bot also by the Counterfutteing and forgoing of fals euidentis and wreatis and Con- 
cealling of the same to suche a tyme that all meanis of Improving thairof is takin 
away whereby his Maiesties Liegis ar constitute in a gryit vncertantie of thair 
heretable rightis and diuers pleyis and actiounes ar moved aganes thame efter 
expyring of threttie or fourtie yearis whiche neuirtheles by the Civill law and be 
the lawes of all natiounes ar declaired voyde and vneffeetual And his maiestie 
according to his fatherlie Care whiche his maiestie hath to ease and remove the 
greivis of his subiectis being willing to Cutt aff all occasiounes off pleyis and to put 
thame in certantie of thair heretage in all tyme Cuming Thairfore his Maiestie with 
aduyis and Consent of the estaittis of Parliament be the tennour of this present act 
Statutes findis and declairis that whatsoeuir his maiesties leigis thair predicessoures 
and authoures hath bruikit heirtofore Or salhappin to bruke in tyme Cuming by 
thame selffis thair tennentis and vtheris haveing thair rightis thair landis baronyes 
annuelrentis and vther heritage by vertew of thair heretable infeftmentis maid to 
thame by his Maiestie or vtheris thair superioures and authoures for the space off 
fourtye yearis Continewallie and togidder following and Insewing the date of thair 
saidis Infeftmentis and that peciablie without anye lauchfuU interruptioun made to 
thame thairin during the said space of fourtie yeiris That suche persounes thair heiris 
and successoures sail nevir be trublit perse wed nor Inquyeted in the heretable right 
and propertie of thair saidis landis and heretages foirsaidis by his maiestie or vtheris 
thair superioures and authoures thair heiris and successoures nor by anye vther 
persoun pretending right to the same by vertew of prior Infeftmentis publict or 
private nor vpone no vther ground reasoun or argument Competent of law except 
for falshoid Prowyding they be able to schaw and produce a chartoure of the saiois 
landis and vtheris foirsaidis grantit to thame or thair predicessoures by thair saidis 
superioures and authouris preceding the entrie of the saidis fourtie yeiris possessioun 
with the instrument of seasing following thairupoun or where there is no chartoure 
extant That thai schaw and produce instrumentis of seasing ane or moe Contiuewed 
and standing togidder for the said space of fourtie yearis ather proceding vjpoun 
retoures or vpoun preceptis of Clare Constat whiche Rightis his Maiestie with aduyse 
and consent of the estaittis foirsaidis findis and declairis to be goode valide and 

78 



0. 12.] James VI. 1617. 

sufficient Bightis (being cled with the said peciable and Con tine wall possessioun of 
fourty yearis) without any lauchfuU interruptioun as said is for bruiking of the 
heretable right of the same landis and vtheris foirsaidis And siclyik his maiestie 
with aduyse foirsaid statutes and ordanis that all actiounes competent of the law 
vpoun heretable bandis reuersiounes (Tontractis or utheris quhatsoeuir ather alreddie 
maid or to be maid efter the date heiroff Salbe persewed within the space of fourty 
yearis Efter the date of the same except the saidis reuersiounes be incorporat within 
the bodye of the Infeftmentis vseit and produced by the possessoure of the saidis 
landis for his tytle of the same Or Registrat in the Clerk of register his bookis in 
the whiche cace seing all suspicioun of falsehoode ceases most Justlie The actiounes 
vpoun the saidis reuersiounes ingrossed and registrat ought to be porpetuali excepting 
alwayis from this present act all actiounes of warrandice whiche sail not prescry ve 
frome the date of the band or Infeftment whereupoun the warrandice is socht bot 
onlie frome the date of the distres whiche sail prescryve It not being persewed within 
fourtie yearis as said is And siclyik It is declared that in the Course of the saidis 
fourtie yearis prescriptioun the yeiris of minoritie and les aige sail nowayis be 
Compted bot onlie the yearis during the whiche the pairteis aganis whome the pre- 
scriptioun is ysed and obiected wer maiores and past xxi yearis of aige .... 

[In pari rep., 6 Ei. 7 c. 38 (-S.i.fi.).] 



CAP. 13. 

[1617, cap, 13.] 

Anent reductioun of Retouris and summoudis of Errour 

FORASMUCHE as by act of Parliament maid by his Maiestyes most noble pro- 
genitoure king James the fourt of worthie memorie vpoun the xiii day off Junij 1494 
It was statute and ordanit That all summondis of erroure or inordinat proces be 
persewed within the space of thrie yearis efter the determinatioun of the inquest or 
seruice the pairtye being of lauchfuli aige and within the realme vtherwayis to pre- 
scryve As in the said act and statute at more Lenth is conteaned And becaus the 
trew meaning and Intentioun of the said act wes That oure souerane Lordis liegis 
being vpoun the said Inquest and seruice suld not ly vnder the payne and danger of 
erroure efter the space of thrie yearis and nowayis to hurt or preiudge the righteous 
heir or nerrest of kin who by the law of god and man wes to succeid in the right of 
blude and successioun to thair predicessoures and to thair landis and heretages Jure 
sanguinis Thairfore oure said Souerane Lord with aduyse and Consent of the estaittis 
foirsaidis Statutes and ordanis that the said act of Parliament sail no wayis hurt nor 
preiudge the nearest of kyne to seik reductioun of the saidis retoures and seruice 
to be past and exped in tyme Cuming and that within the space of Tuentye yeiris 
Immediatlie following the date of the saidis retoures and seruices And gif the saidis 
summondis of reductioun beis not intentit execute and persewed before the expyring 
of the saidis tuentye yearis that the said actioun of reductioun off the said retoure 
and feruice sail prescryve in the selff and no pairtye to be hard thairefter to persew 
The same reductioun And als declairis that heirefter It sail nawayes be lauchfuli 
to persew the persounes of inquest for wilfuU erroure except they be persewit 
thairfore within the space off thrie yeiris nixt efter the date of the said retoure and 
seruice .... 

\lnpart r&p,, 6 Ed, 7 c. 38 (S.L.R.).] 



79 



0.14] James VI. 1617. 

CAP. U. 

[1617, cap. U.] 

Anent Exequutoures 

OURE Souerane Lord vnderstandiiig a gryit number of ignorant Pepill the tyme of 
thair seiknesses and disease Or vtherwayis at the making of thair testamentis and 
Lettir willis do nominate certane straugearis to be thair exquutoures meaning onlie 
to Commit the care of thair goodis and diligent Ingetting thairoff to the saidis 
Strangeris and that to the behove of thair children or vther persounes who ar neirest 
of kin wheras be the contrarye the said office of executorie by the interpretatioun 
now observed doeth carie with it the Haill proffite and Commoditie off the defunctis 
pairt of the guidis conteaned in testament whiche his maiestie findis to be altogidder 
aganis law conscience and equitie Thairfore his Maiestie with aduyse and consent of 
the estaittis of Parliament findes and declairis that all exequutouris alreddie nominate 
in anye testament not as yit Confermit or to be nominat in anye testament to be 
made heirefter ar and salbe obleisit to mak compt rekning and payment of the whole 
goodis and geir pertening to the defunct and intromettit with by thame to the wyiff 
Ghildrene and nerrest of kyne according to the diuisioun obseruit by the lawes off this 
realme .... 

[/n ^Ti rep., 6 Ei, 7 c. 38 (S.i.i?.).] 



CAP. 15. 

[1617, cap. 15.] 

Anent the Escheat of lyifrent takis 

CURE Souerane Lord Haveing Considderit that thair hathe bene dyuers questiounes 
moved befoir the Lordis of his maiesties Counsall and Sessioun Tuicheing the escheat 
of ly verent takis of landis and teyndis fallin by the rebellioun of the persounes to 
whome the same appertenethe and that it hath not yit bene Clearlie decyidit whether 
a lyifrent tak suld fall vnder the gift of a simple escheate or not For the better clear- 
ing Wheroff in all tyme Cuming CURE SOUERANE LORD with aduyse of the 
estaittis of this present parliament declairis statutes and ordanis That lyferent takis 
of landis or teyndis sail not fall vnder a simple gift of escheate bot vnder the gift of 
a lyifrent escheat onlie And farder incace any tak sett of landis or teyndis Conteane 
moe lyverentis nor one And that the persone to whome the said tak apperteneth in 
Lyverent be rebell attoure the space of yeir and day whereby he losses his lyverent 
of the said tack It is heirby Declarit that the remanent Lyverentaris Conteaned in 
the said tack nor the airis or assignayis of the rebell who haue right to the said tak 
efter the said rebellis deceis sail not be preiudgit by the said Lyverentaris rebellione 
so that efter his deceis The said persoun haveing richt to the saidis takis sail bruik 
and Inioye the same notwithstanding the said Lyverentaris rebellioun attoure the 
space of yeir and daye whiche rebellioun sail preiud^e him selff onlie and no vther 
persoun succeding to him in the Right of the said tack 



CAP. 16. 

[1617, cap, 16.] 

Anent the Registratione of reuersiones Seasingis and vtheris writis 

OURE Souerane Lord Considdering the gryit hurt sustened by his Maiesties Liegis 
by the fraudulent dealing of pairties who haveing annaliet thair Landis and ressauit 

80 



C. 16.] Javm VI 1617- 

gryit soumes of money thairfore Yit be thair vniust concealioK of sum privat Bight 
lormarlie made bv tbame rendereth subsequent alienatioun done for gryit soumes 
of money altoddaer vnproffitable whiche can not bb avoyded vnles the saidis privat 
rightis be maid publict and patent to his hienes liegis FOR remedie whereoff and of 
the manye Inconvenientis whiche may ensew thairupoun HIS Maiestie with aduyis 
and consent of the estaittis of Parliament statutes and ordanis That thair salbe ane 
publick Register In the whiche all Reuersiounes represses bandis and writtis for 
making of reuersiounes or regresses assignatiounes tnairto dischargis of the same 
renunciatiounes of wodsettis and grantis off redemptioun and siclyik all instrumentis 
of seasing salbe re^strat .... It is alwayis declared that it sail not be necessar to 
registrat anye bandis and wreatis for making of reuersiounes or regresses vnles 
seasing pas in fauoures off the pairties makeris of the saidis bandis or writtis In the 
whiche cace It is ordaned that the samen salbe registrat .... The extract off the 
whiche Register sail mak faith in all caces except where the writtis so registrated 
ar offered to be improvin And gif it salhappin any of the saidis writtis whiche 
ar appoynted to be registrat as said is not to be dewlie registrat .... Then and 
in that cace his maiestie with aduyse and consent foirsaid Decernis the same to mak 
no faithe in Judgment by way off actioun or exceptioun in preiudice of a third pairtie 
who hathe acqu vred ane perfyit and lauchfull right to the saidis landis and heretages 
but preiudice alwayis to thame to vse the saidis writtis aganis the pairtye maker 
thairof his heiris and successoures It is alwayes declared that this present Act sail 
nowayis be extendit to ... . reuersiounes incorporat in the bodye of the Infeft- 
mentis maid to the persounes aganis quhome the saidis reuersiounes ar vseit It is also 
declaired that gif anye renunciaciones or grantis of redemptioun whiche salhappin to 
be consignit in proces betuix pairties salbe registrat within thriescore dayes efter the 
daittis of the decreitis whereby the same salbe Ordaned to be gevin up to the pairties 
haveand right thairto The same salbe sufficient And to the effect the said register 
may preseutlie and in all tyme cuming be the moir faithfuUie keipit THAIRFORE 
Oure said souerane Lord with aduyis and consent foirsaid Statutes and ordanis the 
same registeris and registratiounes foirsaidis to be insert thairin to appertene and 
belang to the present Clerk of Register and his deputtis to be appoynted be him to 
that effect and decernis and ordanis the same Registeris to be annexed and incor- 
porated with the said office And that the Clerk of JKegister present and to cum haue 
the said office as ane proper pairt and pertinent of the Clerk of Register his office 
.... AND OURE SAID SOUERANE LORD with aduyse and Consent of the 
estaittis Decernis and Declairis this present act to haue the force strenth and effect 
of ane decreit and statute of parliament whiche sail have force strenth and executioun 
according to the tennoure thairoff in all tyme to cum .... 

[In pari rep., 6 Ed, 7 c. 38 (S.LK).] 



CAP. 17. 

[1617, cap. 17.] 

Anent the Lowsing of Arreistmentis 

OURE Souerane Lord Considering the gryit abuse and corruptioun vseit in finding 
of Cautioun to Messingeris for loVseing of Arreistmentis in tymes bigane whereby 
his hienes Liegis haue bene heavilie preiudgit The receaving of the said Cautioun 
being Committit to whatsoeuir messinger of armes the pairtie pleaseth to chuse who 
at the desyre off the pairtie for the most pairt receaveth Irresponsall Cautioneris and 
thairefter quhen Cautioun is found thair is no warrand thairof gevin to the pairtie 
arreistar bot onlie a tikkett vnder the Messingeris stampe and subscriptioun beiring 
him to haue loused the arreistment and to haue ressauit suche a persoun cautioner 
whiche tikkett is not sufficient of the law to furneis actioun aganis the saidis 
Cautioneris without productioun of the principal! bandis gevin to the said Messinger 
ressaver of the Cautione whiche band gif anye wer takin remanis in the bandis of the 
S.A. 81 6 



C. 17.] James VI. 1617. 

messinger and is ather Lossed by negligence or absented by malice whereby the pairtie 
is altogidder preiudgit of his actioun whiche he had aganis the Cautioner who we& 
found for lousing of the arreistment FOR REMEDY whereoff Oure Souerane Lord 
with aduyse and Consent of the estaittis of Parliament Statutes and Ordanis That 
all billis and supplicationis for lousing of arreistmentis whiche salbe past and 
delyvered by the Lordis of Counsell in tyme Cuming salbe past vpoun cautioun 
to be found in thair buikis and ordanis the Clerk of the Billis To ressaue the said 
cautioun before the geving out of the same for raising of Letteris thairvpoun And 
gif anye arreistmentis be vtherwayis lowsed the same to be null and ineffectuall 



CAP. 19. 

[1617, cwp, 19.] 

Anent Dowcatis 



OURE Souerane Lord with aduyse and consent of the estaittis of this present Parlia- 
ment Considdering the gryit inconveniences sustenit by the Liegis of this realme 
Throw the frequent building of doucattis by all maner of persounes in all the pairtis 
thairoff Statutes declairis and ordanis that heirefter no persoun nor persounes salhave 
power Libertie or priuiledge to build a doucat vpoun ony landis within this realme 
nather within burght nor in the Cuntrie except that persoun buildar of the doucatt 
haue landis and teyndis pertening to him extending in yeirlie rent to ten chalderis 
victuell uixt adiacent to the said doucatt at the Least lying within tua myillis to the 
same And als Declairis That it sail nowayis be LauchfuTl to the persoun foirsaid 
worthe in yearlie rent the foirsaidis ten chalderis victuel to builde moe doucattis 
vpoun and within the boundis foirsaidis except one doucate onlye 



PARLIAMENT AT EDINBURGH, 1st june 162L 

CAP. 5. 

[1621, ca'p. 5.} 

Anent the Plantatioun of kirkis As yit Ynplantit 

OURE Souerane Lord vnderstanding that thair be dyuerse kirkis within this 
kingdome whiche by the late Commissioun appoyntit for plantatioun off kirkes in 
the Parliament holdin in Junij 1617 wer not setled nor prowydit with Constant 
stependis but whiche yit remavne disfurnischit and vnprowydit Off anye Competent 
meanis to be gevin to the ministeris quha salbe prowydit to the charge and functioun 
of the Cure of the same AND THAIRWITH also His Maiestie Considdering that 
thair have bene heirtofore sindrie kirkis vnited togidder and Conioyned in ane albeit 
vpoun goode Consideratiounes It may be fund more expedient that the same vnione 
be dissolued and that the saidis kirkes be prowydit seuerallie with distinct functiounes 
and seperate seruices at suche places quhair the Commoditie may afforde in the same 
maner as gif no suche vnioun hade bene made And siclyk becaus thair be sum kirkes 
quhairoff the Parochin is of so Lairge boundis that manye of the parochoneris duelling 
in roumes of the parochin so remote frome the kirk who for the gryit distance of the 
place or for the interiectioun of wateris betuix thair roumes and the kirkis whiche 
often tymes and in speciall in winter ar not passable Or for sum suche vther knawin 
Impediment can not haue access and repair To the paroche kirkes at the ordinarie 
tymes appoyntit for diuyne seruice and worschipe and enioye the confort of the 
exercise thairoff AND OURE SOUERANE LORD according to the princelie and 

82 



0.5.] James VL 1621. 

godlie Indewmentis quhairwith his Maiestie is singularlie blessed being most Care- 
full to establische all gude and propagate the religious and trew worschip of god 
vniuersallie throuchtout this whole kin^ome quhairthrow all his people maye have 
OGcasione to participate the beuefite of the worde without feeling of anye of these 
preiudices growing frome the abonewrittin occasiounes whiche his Maiestie in his 
Royall and fatherlie Care over his peple is most desyrous to have removeit THAIB- 
FOfiE his Maiestie with ezpres aduyse and Consent of the estaittis of Parliament 
hathe granted full power and Commissioun to the lord chancelar for the tyme And 
to the Keuerend fatheris in Gk)d Johnne Archebischope of Sanctandros James arche- 
bischope of glasgow alezander bischope of dunkeld Adame bischope of dumblane 
andro bischope of gallowaye Jhonne bischope of Cathnes sex persounes nominat for 
the Clergie and prelattis And incace of deceis Off anye of thame to patrik bischope 
of Boss and Patrik bischope of Abirdene which tua persounes The Estaittis haue 
nominated to supplie and becum in the place of anye of the vther sex aforesaidis 
if anye of thame salhappin to deceas before this Commissioun be finischit TO WIT 
the first of the tuo in place of the first of the sex deceissing To Johne erle of 
wintoun Robert Earle of louthiane Thomas Earle of Metros Johne vicount of Lauder- 
daill Johne lord balmerinoche dauid lord Carnegie sex persounes nominate for the 
nobilitie and incace of anye of thair deceas To Johnne Earle of wintoun nominate to 
becum in the place of the first deceissing And waiter erle of Bucleugh nominat to 
becum in the place of the secund To the commissioneris vnderwrittin nominate for 
the barones To wit Sir Richard Cokburne of Clerkingtoun knycht lord previe seall 
Sir William levingstoun of kilsyith knycht Sir James dundas of arnestoun knycht 
Sir Archebald naper off merchinstoun knicht Sir andro ker of pharnehirst knycht 
alexander lawder of haltoun And incace of any of thair deceis To dauid Crichtoun 
of Lugtoun and Sir Johnne hammiltoun Off prestoun persones nominat to becum 
in ordour as thai ar named in place of any of the sex deceissing And to Johnne 
byres burges of edinburgh Maister williame fergusone burges of dundye Andro 
bell burges of linlithgow Robert Tailyeour burges of sanctandros Maister James 
Cokburne burges of hadiugtoun and sir george bruce of Carnok knycht burges 
of Culross sex persounes nominat for the borrowes And incace of anye of thair 
deceis To alexander Clerk merchand burges off edinburgh and Maister alexander 
wodderburne Clerk of dundie persounes nominat to supplie in ordour anye of 
the vther sex Commissioneris foirsaidis deceissing whiche foirsaidis Commissioneris 
or onye four of ilk estate nominate as said is Consenting and aggreing in one 
voce sail have powar To consult Convene and ditermine vpoun the materis and 
in maner vnderwrittin Prowyding alwayes that thair is and salbe requisite to the 
validitie of anye act Condusioun ordinance and determinatioun of the said is com- 
missioneris The Coniunct assent of foure of everie ane of the saidis foure estaittis all 
aggreing togidder in ane voce without the whiche Consent of the saidis foure of everie 
estate so aggreing The rest of the saidis Commissioneris sail have no power to mak 
anye valide or effectual! Condusioun by vertew of this present Commissioun Bot 
Quhatsoeuir salbe vtherwayis done Is declairit to be of nane avale force nor effect 
THAT IS TO SAY Oure soueranelord and Estaittis of Parliament by the tennour 
heiroff gevis grantis and Committis full power and auctoritie to the saidis Commis- 
sioneris to meit and convene In the toun of Edinburgh at suche tyme and tymes As 
they sail appoynt and find Convenient And thair to Call and summond before thame 
all patrones takismen of teindis gryit and small and vtheris heavand right by quhat- 
soeuir tytill to the teindis of anye of the kirkis within this kingdome whiche ar not 
alreddye planted by the foirsaid first Commissioun and whiche sail anye wayes be 
medlit with by this present commissione as they sail think necessarie and expedient 
to exhibite and produce before them thair rightis and titles quhairby they dame the 
saidis teyndis to be sene and Considderit be the saidis Commissioneris With power 
vnto thame out of the saidis teyndis of everie parochin and kirk not alreddie planted 
To appoynt and assignne at thair discretiones a perpetuall Locall stepend to the 
ministeris present and to cum at all the saidis kirkis vnprowydit as said is And that 
Notwithstanding anye right or tytill pretendit by the saidis takismen Or vtheris in 
quhois fauoures teyndis have bene erected with powar also to the saidis Commis- 
sioneris To disvnite suche kirkis ane or mae as wer vnited of before and appoyntit to 

83 



C. 5.] James VI. 1621, 

be seruit by ane minister And as theye vpoun guid Consideratiounes sail find requisite 
to appoynt the same to be servit by severali functiounea and chargis as distinct 
parochines efter suche maner as salbe found by thame most expedient Prowyding 
alwayes that all pairties haveand en teres in the vnione and disvniting of the saidis 
kirkis and plantatioun thairof giff thair expres warrand and Consent thairvpto IN 
THE whiche cace of Plantatioun and provisioun of the kirkes whiche salbe disioyned 
as said is The presentatioun of the ministeris salbe appoynted by the saidis Commis- 
sioneris To pertene to the patrones Conforme to thair right thairoff to be produced 
before thame and as the saidis Lordis Commissioneris sail find most aggreable with 
reasoun and equitie with power lyikwayis to the saidis Commissioneris to appoynt 
and sett doun suche solide ordour for erecting and building of new kirkis in anyo 
parochines quhair they sail find necessitie and conveniencie to do the same And where 
the parochoneris [are] not presentlie weill and Commodiouslie served at the present 
kirkes of the parochine as they sail find maist expedient and the saidis kirkes being 
erected with powar to the saidis Commissioneris To prowyde the same with suche 
proportioun of stependis as they sail find may be with least preiudice and best Com- 
moditie made out of the fruitis of the said parochines to the ministeris to be appoyntit 
to serve at the saidis new buildit kirkes To the whiche building and making off new 
kirkis and prowyding the same with Competent stependis The saidis Estaittis findes 
and declaires That it salbe expreslie necessarie That the patrones takismen and vtheris 
parties haveing interess in the erectioun and building Off the saidis new kirkes and in 
planting and prouisioun thairof foirsaid gif thair expres warrand and Consent thair- 
vnto whiche being so had and obtenit with power to the saidis Commissioneris To 
procede tbairin as is most aggreable with ressoun IT IS alwayes declared That in all 
and overie one of the Caces abonewrittin That is to say ather in prowyding of kirkis 
not plan tit of before Or in disvniting of kirkes formerlie Joyned and appoynting of 
severali and distinct stependis to the same or in the erecting of new kirkis and 
prouisioun of thame with ministeris and stependis The saidis Commissioneris salhave 
expres powar and warrand To determine and appovnte suche proportioun and quantitie 
as they sail find expedient ather amounting over the sowme off Fy ve hundereth merkis 
or benethe and vnder the same as they sail find May most Convenientlie and Com- 
modiouslie be hade Efter the Consideratioun of the quantitie and estate of the fructis 
of the kirk and the Cace quhairin the same is and as may be with leist preiudice 
spared out of the same AND THE saidis Estaittis findes and declaires that the saidis 
Commissioneris sail have no power by vertew of this Commissione to alter or medio 
with ony kirk whiche wes setled be vertew of the foirsaid Commissioun grantitin anno 
1617 yeiris Or to cheinge the estate thairoff in onywayes Or yit to erect build or 

{rowyde anye new kirk without the speciall and expres Consent of all parties haveing 
uteres had and obtenit thairvnto without quhois Consent It sail not be Lauchfull for 
the saidis Commissioneris in onywayes to tuiche the saidis kirkis so prowydit Bot the 
same ar expreslie excepted (except incace of consent foirsaid) out of this present com- 
missioun AND ALSO forasmuche As the saidis Estaittis of Parliament Considdering 
the particular petitiounes and supplicatiounes efterspecifeit ^evin in to thame be the 
persones vnderwrittin to the effect following To wit a petitione gevin in by thomas 
burnet of leyis desyring ane new kirk to be erected and builded within the Parochin 
of fetteresso vpoun anye pairt within the same parochin most ewest for the Instruc- 
tioun of the Parochoneris of fetteresso quha duel! most remote frome the present kirk 
thairoff Item aiie supplicatioun gevin in by the gentlemen and Parochoneris Off the 
Parochin of Itosnethe desyreing that the kirk of Bosneth for the causses specifeit in 
thair supplicatioun foundit vpoun the Incommodius situatioun of the said kirk might 
be transportit out of the yle of Itosnethe quhair it presentlie standis To that part of 
the maneland of the said Parochin Callit the Lanais of Ardinconnell as place most 
convenient and Indifferent for the haill parochoneris to resorte vuto Item a Petitioun 
gevin in be Johnne Earle of wi^un lord fleming and Cummernald and remanent 
parochoneris of the parochin of Leinyee Craveing Licence to Transport found build 
and Erect the kirk of the said Parochin of Leinyie presentlie standing at the west end 
of the parochin thairoff to anve vther pairt of the same parochin neir the middis 
thairoff most Convenient for the ease of the whole parochoneris and being buildit to 
be declairit to be the onlie kirk of the said parochin of leinyie Item tuo warrandis 

84 



a 5.] James VI. 1621. 

gevin in under his Hieghnes Hand Concerning the appoynting and determinating 
whiche of the tua kirkis off Lairbair and donypaoe formerlie vnited suld be the 
ordinarie place of publict divine seruice of the saidis tua parochines As in the samen 
tua patentis Conteaning thair awin seueral desyres at mair Lenth is Conteanit Item 
a petitione gevin in by the parochoneris of the Parochines of kilcharrane kilmichell 
and kilchusland vnited by the former Commissioun And off the parochones off 
kilcolmekill and kilblane also vnited by the same Commissioun all Lyand within 
kintyre desyreing Libertie for building and erecting of a kirk for serveing of the first 
thrie parochenis with [another] kirk for serveing of the tua last Parochines bothe 
vnited as said is Item ane suppiicatioun gevin in by Johnne Lord hay of Yester and 
the possessoures of the Landis of Rodonno desyreing that the samen Landis of 
Itodonno with the pertinentis suld be declarit to have bene and to be in tyme Cuming 
a pairt of the parochin of Lyns As also Craveing that it might be lauchfull to the said 
Johnne Lord hay of yefter to build a kirk vpoun the maist Commodius place of his 
Landis of Roddono or Meggat for serveing of the inhabitantis thairoff at suche tymes 
as they suld be impedit by storme of wether frome Cuming to the kirk of Lynes 
Item a suppiicatioun gevin in to the saidis Estaittis desyreing that the dissolutioun 
of the fourtie pund land off buchannan frome the kirk of Luss and vnione thairoff to 
the kirk and rarochin of Inchecalyieoche done by the former Commissioun might be 
now Ratified And the same fourtie pund land declarit to remayne in tyme cuming as 
a pairt of the parochin of Inchecalyieoche Item a petitioun gevin in by patrik bischopa 
of abirdene desyreing the Estaittis to ^iff power to the foirsaidis Commission eris to 
Ratiefie and appreve the voluntarie dissolutiounes of the former vniones of these 
kirkis within his diocie To the severall prouisiounes quhairoff the pairties haveing 
Interes thairintill have Consentit And to admit these who mak offer at the sight of the 
bischope and presbiterie quhair the kirkis ly to prowyde the same severallie albeit 
they sail not mak out the full rate and stepend appoyntit by the last Commissioun 
And last a petitioun ^evin in by the Minister of the kirk Callit Cryistis kirk at vdney 
Craveing the same kirk to be sufficientlie plantit and prowydit with a constant and 
Locall stepend And the same made sure to the minister serveing the Cure at the said 
kirk As the foirsaidis supplicatiounes Petitiounes and patentis respectiue abonewrittin 
in thame selffis more fullie proportis AND finding the desyres foirsaidis ressonable 
Oure said souerane Lord and Estaittis of Parliament gevis grantis and Committis full 
power and authoritie to the saidis Commissioners to appoynt determine and sett doun 
suche solide ordour anent the whole particularis abonementionat and everie ane of 
thame as they efter Consideratioun and tryell had and takin by thame thairanent sail 
find most expedient and aggreable with reasoun To the doing quhairoff in everie ane 
of the particularis foirsaidis (except anent the building of ane new kirk within the 
Parochin of fetteresso as is desyrit be the laird of leyis) THE estaittis findis and 
declairis that it salbe onlie necessarie to summond all patrones takismen and vther 

Skirties whatsoeuir haveing enteress in the particularis foirsaidis To heir and see 
rdoure takin in the premisses thairanent that efter Citatioun the Commissioneris 
may Considder of the Interesse and preiudice if anye salbe qualifiet by any persoun 
before thame anent the particularis abonementionat and may then proceid thairin as 
they sail find most expedient Bot the Estaittis findes and declaires that in the setling 
and determinatione of the first particular abonementionat Anent the building of a new 
kirk within the Parochin of fetteresso There salbe expreslie Requisite the speciall and 
expres Consent and warrand of the pairties haveing Interesse thairintill by and besvid 
the Citatioun and summonding of thame to that effect And findes and declairis that 
the decreit and sentence of the saidis Commissioneris to be gevin by thame in all the 
particularis foirsaidis and everie Ane of thame sail have the strenthe force and 
authoritie of ane sentence and act of parliament siclyik as the same had bene done 
and determined by the saidis estaittis thame selfiis And becaus reasoun and equitie 
Craveth that recompance suld be made vuto the takismen and vther persones quhat- 
soeuir quho salbe by the sentence of the saidis Commissioneris hurt and preiudgit of 
thair present proffeit whiche they may lauchfullie bruik by vertew of thair tytillis 
and richtes establischit in thair persounes and vpoun quhome by vertew of the said 
sentence any burthing of the sustentatione and prouisione of the saidis kirkis and 
ministeris Is to be Imposed Thairfore Oure Souerane lord and Estaittis of Parliament 

85 



C. 5.] Ja7nes VI. 162L 

Gevis full power and Commissioun to the saidis Commissioneris so to proceid in the 
determiniDg of the said recompeDce that incace the lord or ony vther haveing rycht 
to erected prelacies who salbe citat before thame refuis to tak the burthing of planta- 
tioun of any kirkis belonging to the saidis erected prelacies whiche ar in anye of the 
caces abonewrittin And that vpoun thair refusall (The same refusall being first fund 
ressonable by the saidis Commissioneris) the burding of the said plantatioun salbe laid 
and Imposed by the saidis commissioneris in haill or in part ather vpoun the prin- 
cipall takismen of any of the fruitis of the saidis kirkis Or incace of the takismenis 
refusall the burthing be Imposed vpoun the subtakismen thairofT the saidis Commis- 
sioneris sail have power to decerne appoynt and ordane suche particular recompens 
to be gevin vnto the saidis takismen or subtakismen by renewing of thair takis or 
subtakis efter the expyring thairofif vpoun sick oonditiounes as the saidis Commis- 
sioneris sail find ressonable respect being hade to the qualitie and proportioun of the 
burding to be Imposed vpoun thame within the tyme off thair takis and nghtis farther 
then they ar astricted by thair saidis rightis or by appoynting sick vther ressonable 
satisfactioun as they sail find the said burthing and distres vndergone by onye of 
thame sail deserue and requyre LYIK AS The saidis Commissioneris salhaue siclyk 
power to determine decerne and appoynt suche particular satisfactioun and recompence 
to be gevin ather to Layik patrones Or to the takismen of the fruittis of the kirkis 
belonging to the Lyik patronages and subtakismen thairoff as they sail think may be 
ansuerable to the burthing to be imposed vpoun ather of thame for the cans abone- 
writtin proportionallie IN the prescryveing of the whiche recompence The saidis 
Commissioneris sail have speciall respect quhat Consideratione they find ressonable 
to be gevin to the saidis patrones for thair Consentis to the takis gif anye salbe 
appoynted and decernit to be sett and gevin to the saidis takismen for recompence 
foirsaid And gif anye beneficed persone vpoun Just and ressonable Causses refuis to 
prowyid onye kirk belonging to thair benefice according to the ordour heirby pre- 
scryvit quhairby the burthing of plantatioun or farder prouisioun of the kirk must 
necessarlie ly vpoun the takismen or subtakismen of the fruitis thairofif The saidis 
Commissioneris in that cace also sail decerne suche recompence to be gevin to the 
saidis takismen and subtakismen for thair loss and preiudice sustenit as the saidis 
Commissioneris sail find the same sail merite by renewing of takis vnto thame vpoun 
suche Conditiones as may requyte thair loss Or by finding out sum vther ressonable 
meine whiche may repare the same And Oure said souerane Lord with aduyse and 
Consent of the saidis Estaittis declairis statutes and ordanis That all takis whiche 
salbe decerned by the saidis Commissioneris to be gevin in recompance to anye 
persone whatsoeuir for the Causses abonewrittin and wniche salbe sett for obedience 
and Comforme to the said decreit and sentence quhatsoeuir yeiris or long space the 
saidis takis sail comprehend salbe gude lauchfull and sufficient securities to the 
persones in whois fauoures the same ar appoyntit to be gevin and conceavit Nather 
sail the same be anywayes preiudgit by the act made in the parliament haldin in 
anno 1617 by the whiche It is statuted That no archebischope bischope or prelate 
suld sett in tak anye pairt of thair patrimonie for longer space nor nyntene yeiris 
And that no Inferiour beneficed persones sail sett in tak anye pairt of thair benefice 
for langer space nor thair awin lyiftymes and fy ve yeiris thairefter As the said statute 
proportis frome the whiche statute The saidis takis so appoynted to be sett and gevin 
in recompence ar and salbe exceptit and reservit and sail Nowayes Cum vnder the 
compas of the same act and statute nor in any thing thairin conteanit Bot the same 
sail remane and abyid valide and sufficient rightis for the haill space and yeiris 
appoyntit thairin According to the tennour thairoff nochtwithstanding of the said 
act and statute And becaus it may fall furthe that in the recompence to be appoyntit 
by the saidis Commissioneris to the patrones takismen and subtakismen for the afore- 
said burthing to be imposed vpoun thame mae yeiris may be assignit for prorogatioun 
of thair present takis nor may lauchfullie or convenientlie be sett by the present 
beneficed persones to quhome by law The setting of takis of teyndis belonffis FOB 
EEMEID thairoff Oure souerane Lord with aduyse and Consent of the saidis Estaittis 
declaires Statutes and ordanis That it salbe Lauchfull for the Commissioneris foirsaidis 
to appoynt als manye yeiris efter the expyring Off the present takis to the takismen 
of the saidis kirkis and teyndis or to the patrones and subtakismen respectiue for 

86 



C. 5.] Jame& VL 1621. 

bruiking of the saidis teyndis for recompence of tbe said burthing as they sail think 
ressoaable whiche salbe als gude valide and sufficient rightis to the saidis Patrones 
takismen or subtakismen respectiue and vnto thair airis and assigneyis for bruiking 
possessing and disponing on the saidis teyndis during the saidis yeiris of prorogatioun 
as gifT gude lauchfull and valide takis and rightis of the saidis teyndis bad bene sett 
and made to thame by the titularis Off the benefices to quhome the same belongeth 
with Consent of all pairties haveing interesse With expres prouisioun and declaratioun 
that at the expyring Off all the saidis yeiris The right of the saidis teyndis and power 
to sett takis thairoff sail returne and appertene to the foirsaidis titularis of tbe foir- 
saidis benefices As they did before the making of this present act AND OURE said 
souerane lord with aduyse of the estaittis DecTairis and ordanis this present Commis- 
sioun to begin vpoun the tent day of Januare nixtocum with Continewatioun of dayes 
and to lest and iudure during the space of yeir and day thairefter And efter the 
which tyme the same sail cease and expyre And ordanis the decreit and sentence of 
the saidis Commissioneris in all the particularis foirsaidis and everie ane of thame to 
have the strenthe force and authoritie of ane decreit sentence and act of parliament 
for obedience quhairoff The lordis of Session n sail direct and grant Lettres in forme 
as effeiris and according as salbe necessary which commissioun abonewrittin taking 
force and full effect in all the saidis particularis thairin conteanit as the same ar sett 
doun and Comprehendit thairin by pronunciation n of decreit and sentence vpoun the 
same Conforme to the powar thairin Comprehendit gevin vnto the saidis Commis- 
sioneris OURE SOUERANE LORD with expres Consent and assent of the Estaittis 
in that Cace findes and declairis That no persoun in quhois fauoures The teyndis of 
kirkis and benefices ar erected nor no vther quhatsoeuir bruiking teyndis by vertew 
of rightis lauchfullie made to thame Off the same according to the Lawes of this 
realme then standing salbe evir farder alterit or querrellit in anye of thair saidis 
nghtis in any tyme to cum farder then salbe appoyntit by the said decreit and 
sentence to follow vpoun this present Commissioun . bot the saidis rightis and 
securities incace foirsaid sail remayne in thair awin strenthe force and effect as gude 
Lauchfull and sufficient rightis and securities to thame and everie ane of thame for 
thair awin pairtes for bruiking and enioying of the saidis teyndis Cpnforme to the 
tennour off the saidis rightis for now and evir 



CAP. 6. 

[1621, cajp, 6.] 

Act anent Comprysingis 

OURE Souerane Lord and Estaittis of Parliament Considdering That his maiesties 
Liegis ar gryitlie damnified and preiudgit be the abvse and evill custome whiche 
heirtofore has bene obserued in Comprysingis Whereby lordschipes baronies and 
vther gryit portiounes of Landis ar Comprysit for small soumes of moneye And 
thairby the Ck)mpryser hes right to the mailies dewties and proffittes of the Landis 
Nochtwithstanding that they far exceid tbe proffite of that soume of money for the 
whiche The saidis Landis ar comprysed FOR REMEID quhairof .... giff that the 
persoun aganes quhome comprysing is Led be minor and of Lesser aige IT is statute 
and ordanit That it sail be lauchfull to him at ony tyme within his perfyit aige of 
Tuentie fyve yeiris Compleit to redeme the saidis Comprysit Landis by payment of 
the soumes for the whiche the said Comprysing was led and of the lauchfull annuel- 
rentis thairoff according to ten for ilk hunderethe Togidder with the expenses 
bestowed in passing and obtening of tbe infeftment frome tbe superiour and ordinarie 
annuelrent of the same Togidder also with the necessarie expenses bestowed in leidiug 
and deduceing Off the said Comprysing as is abone writtin And that notwithstanding 
of the preceiding Lawes and practike of this Kingdome by the whiche the Legall 
reversioun of Comprysit landis expyrit within sevin yeiris efter the Leidiug of the 

87 



C. 6.] James VL 1621. 

Comprysing frome the whiche His Maiestie and Estaittis hes by this present act and 
statute excepted Minoures in all tymes Cuming Declairing the same nawayes to rune 
aganes thame .... And gif it salhappin a minor haveing right to redeme Gomprysit 
Landis as said is To deceis before he be of perfyit age ofTTuentie fyve yeiris and that 
a vther minor be heire or succede unto him in his right of reuersioun and tytill Competent 
to him for redemptioun of the saidis Comprysit Landis That minour so succeiding in 
the rightis salhave the same Libertie and priuiledge abonewrittin for redemptioun of 
the saidis Landis siclyke and in the same maner as gif they had bene Comprysit frome 
him selff quhairin he sail nawayes Be preiudgit by the yeiris whiche ran efter the 
Comprysing in the Lyiftyme of that persoun minour in quhois right he succedit bot 
that he may siclyik lauchfullie redeme the same at anye tyme before his Maioritie as 
said is AND IT IS DECLAIBED That incace anye minour haveing the right of the 
said reuersioun Competent vnto him salhappin to deceas efter the expyreing Off sevin 
yeiris outrune efter the said Comprysing And that a persoun of perfyte yeiris succeide 
to the said minour In the right of his reuersioun aforesaid In that cace the said 
persoun maior so succeiding salbe halden and astricted to redeme the saidis Com- 
prysed Landis within the space of yeir and day efter the deceis of the said minor in 
quhois right he succeidit vtherwayis The said redemptioun not being vseit by him 
within that space he salbe perpetuallie secludit frome all benefite quhilk be may Clame 
by the reuersioun and successioun thairto foirsaid and all power of redemptioun of 
the saidis Landis by vertew thairoff Bot df at the tyme Off the minoures deceis all 
the saidis sevin yeiris wer nocht expyred It salbe lauchfull for his said successoure 
(being maior) to redeme within the space of so manye of the saidis sevin 
yeiris as wer not outrune the tyme of the minoris deceis siclyik as gif the saidis 
Landis had bene Comprysit frome the said minour him selff whiche tyme being 
expvrit and he doing no diligens he salbe excliidit frome the benefite of his reuersioun 
And it is speciallie prowydit that in all the abonewrittin Caces gif the Comprysed 
Landis be not worthe such yeirlie quantitie of maill and dewtie as will proportionallie 
effeir to the annualrent of the said money at ten for euerie hunderethe for the whiche 
Comprysing is Led or being worthe that the same is exhaustit by vther Lauchfull 
deidis whiche may render the same vnproffitable to the Compryser and vnansurable 
to the annuelrent of the soumes for whiche he hath Comprysed ather in haill or in 
pairt Then and in that Cace The redemer Quhidder he be maior or minor salbe 
haldin before he can redeme or outquyte the saidis Landis frome the Compryser to 
refound and pay to him The full annuelrent and proffite Off the soumes for the whiche 
the Landis wer Comprysed so far as he wanteth and inlaiketh by the benefite of his 
said Comprysing And gif the rent of the Land so comprysed Consist in victuell The 
estimatioun and Consideratioune thairoff salbe had according to the Commoun pryces 
of victuell in those schyres Quhair the Comprysed Landis Ty according as the same 
geveth betuix yule and candlemes .... 

\Inf(iri r<5p., 6 Ed. 7 c. 38 (&L./?.).] 



CAP. 7. 

[1621, caf, 7.] 

Anent adiudicatiounes 

OUBE Souerane Lord and Estaittis off Parliament Considdering the greit preiudice 
sustenit be dyuerse and sindrie Creditoures by deceas of thair aebtourea who 
being prevenit by the diligens of thair concreditoures by obtening of Sentences 
of adiudicatioun of thair defunct debtoures Landis and Estate Inrespect of the 
refusall of the nerrest of kin to enter aires to thame ar secludit frome participa* 
tioun of anye pairt Off the Landis and guidis pertening to thair saidis defunct 
debtoures they being commoun dettoures to the saidis haill creditoures Contrarie to 
all equitie and ressoun FOB BEMEID quhairoff It is statute and ordanit That all 

88 



C.7.] James VL 1621. 

adiudicatiounes To be obtenit by anye persoun at anye tyme heirefter Off anye of 
thair defunct dettouris Landis and estate quhatsoeuir with all rightis and Infeftmentis 
following thairupoun salbe redimable frome the pairtie obtenar of the saidis sentences 
of adiudicatioun thair aires and assigneyis at ony tyme efter the pronunceing of the 
same AT the instance of anye concreditoure of the said defunct dettour or of anye 
Creditour of the said persoun quha renunceth to be heire to his predicessoures quho 
sail happin thairefter to obtene decreit of adiudicatioun aganis the appering air of the 
defunct dettour and that within the space of sevin yeiris nixt and Immediatlie follow- 
ing the obtening of the saidis sentences off adiudicatione by payment of the soumes 
of money specifeit in the saidis sentences Togidder with the annuelrent of the same 
soumes According to ten for ilk hundereth thairoff during the tyme of the not 
redemptioun Off the same And Off the expenses sustenit by thame in obtenine of 
the saidis sentences to be taxed and modifiet by the Lordis of Counsell and sessioun 
by payment of the whiche soumes The said concreditoure sail cum in the place and 
right of the pairtie frome quhome he redemeth And sail bruke the same by vertew 
thairoff perpetuallie thairefter except it salhappiu ane vther concreditour quha sail 
obtene the Lyik sentence of adiudicatione to redeme the same frome him within the 
space abonewrittin In the whiche Cace It is dedairit That the pairtie redemer in the 
secund third or fourt roume and so furthe so long as thair ar onie Concreditoures 
salbe obleisit not onlie to pay the soumes Conteanit in the adiudicatiounes obtenit at 
the instance Off the pairtie frome whome he redemethe bot also the haill soumes whiche 
wer payit by him vnto the former concreditoures for redemptioun of thair adiudica- 
tiounes with the anuelront and expenses in maner abonespecifeit IT IS alwayes 
declared That gif the pairtie frome whome the saidis adiudicatiounes salbe redemit 
did yplift the fermes and dewties of the Landis and vtheris Contenit in the adiudica- 
tiones That then and in that Cace the pairtie redemer sail not be holdin to pay anye 
annuelrentis or expenses bot in sa far as the same annuelrentis and expenses excede 
and ar mair then tne maillis fermis and dewties intromettitwith by the pairtie frome 
quhome the same is redemit And giff the saidis maillis fermes and dewties excede 
bothe the annuelrent and expenses IT IS declairit that the superplus salbe allowed in 
the principall soume by the sicht of the Lordis of Counsell Consideratioun being hade 
of the prycea of the fermes and victuell as the same wer commonlie sauld betuiz yuill 
and candlemes In the schirefdome quhair the landis ly . . . • AND SICLYIK It is 
declared That incace anye minor quha hes renuncit in his Minoritie be reponit (in 
Integrum) aganis the same renunciatioun That then and in that cace He sail have 
place to redeme frome the haill creditoures by payment Off the saidis haill soumes 
auchtand vnto thame and quhairvpoun they obtenit adiudicatioun in maner and with 
the prouisiounes abonespecifeit and all the rest of the priuiledgis grantit to minouris 
in Comprysingis to be Lyikwayes grantit in adiudicationes quhilkis ar heir haldin as 
repeittit 

\In^ri rep., 6 Ed. 7 c. 38 (S.LR.),] 



CAP. 10. 

[1621, cap. 10.] 

Act declairing summes Grasse gevin to the Ministeris for thair gleibis to be teyndfrie 

OURE Souerane Lord and Estaittis of this Present Parliament Considdering in the 
fyift parliament haldin be his Maiestie vpoun the Tuentie fyve day of Julij in anno 
JM yc [three]scoir auchtene yeiris Cap. 62 His hienes with aduyse and consent Off 
the Estaittis found and declared that the ministeris and reidaris aucht and suld pay 
no teynd for thair gleibis and kirklandis extending to four aikeris of land designit 
vnto thame Con forme to the act of Parliament bot decemit and declared thame to be 
frie of thair saidis teindis and dischargit thame simpliciter thairoff in all tyme Cuming 
Lyikas in the Parliament haldin at Perth the nynt day of Julij in anno J^ vj^^ and 
sex yeiris Cap. 7 It is ordanit That thair salbe designit to the Ministeris serveing the 

89 



C. 10.] James VL 1621. 

Cure at kirkis qubair thair is no Arable Land adiacent thairvnto The number of foure 
Sommes grese for everie aiker of four aikeris of glebe extending to sextene Sommes 
grese for the four aikeris of Land and that of the most Commodius and best pasturage 
of anye kirk landis Lying nixt adiacent and most ewest to the kirk And Ordanit 
Lettres to be directed for the removeing the possessoures therefrome In suche lyik 
forme as aganis the possessoures of manses and glebis And in respect That the 
Ministeris gleibis ar teynd frie and that by Consequence The soumes grese abone- 
mentionat designit in sted thairof quhair no arable Land is adiacent vnto kirkis aucht 
Lyikwayis of all equitie and reasoun to be teyndfrie In respect the same is dedicated 
and appoyntit ad Pios vsus HEIRFORE Oure said souerane lord with aduyse and 
Consent Of the whole Estaittis of this present Parliament by the tennour heiroff 
declairis That the ministeris and reidaris aucht and suld pay no teynd for thair 
soumes grese designit vnto thame in place of thair glebe quhair no arable Landis ar 
adiacent to kirkis And decernis and declairis thame to be frie of thair teyndis and 
dischargis thame simpliciter of all payment thairoff in all tyme cuming 



CAP. 14. 

[1621, cap, 14.] 

Anent Playing at Cardes and dyce and Horse races 

OURE Souerane Lord and Estaittis of Parliament Considdering the monyfold evillis 
and inconvenientis whiche ensew vpoun Carding and dyceing and horse races Whiche 
ar now over muche frequented in this Cuntrey to the gryit preiudice Off the Liegis 
And becaus honest men ought not expect that anye wynning hade at anye of the 
^mes abonewrittin can do thame guid or prosper Haue thairfore statute and ordaned 
That no man sail play at Cairdes nor dyce in any Commoun hous toun ostlarye or 
kuikis houses vnder the payne off fourtie pundis money off this realme To be exacted 
Off the keiper of the said is Innes and Commoun houses for the first fault and Loss of 
thair Liberties for the nixt Mairouer that it sail not be lawfuU to play in onye vther 
private manis house bot quhair the maister of the famielie playes him selff And giff It 
salhappin anye man to win anye sowmes of money at Carding Or dyceing Attoure the 
soume of ane hundereth merkis within the space of Tuentie four houres Or to gayne 
at waigeris vpone horse Races anye soume attoure the said soume of ane hundereth 
merkis The superplus salbe Consignit within tuentie four houres thairefter in the 
handis of the thesaurer for the kirk if it be in edinburgh Or in the handis of suche of 
the kirk sessioun in the Cuntrey parochines as CoUectis and distributis money for the 
Poore of the same To be employed alwayis vpoun the pure of the paroche Quhair 
suche wynning sail happin to fall out And to the effect that ather excess in playe may 
be thus restrayned Or at the leist that excessive winning may be employed as said is 
OURE SOUERANE LORD by actis of his supreme Court of parliament gevis full 
power and Commissioun to the bailyeis and magistrattis of borrowes The schirreffis 
and Justices of peax in the Cuutrie To perse w and Convene all suche persounes for all 
wynning at Cardes or dyce and horse races whiche salhappin to be made by any 
persoun by and attoure the said soume of ane hundereth merkis money foirsaid And 
incace the magistrat informed thairoff refuis to persew for the same The pairtie 
Informer sail have actioun aganis the said Magistrat for double of the lyik soun^e the 
ane half qubairof to be gevin to the pure and the vther halff to the pairtie informer 



90 



C. 18.] >Jame& VL 1621. 

CAP. 18. 

[1621, ca^. 18.] 

A ratificatiouD of the act of the lordis of counsell and Sessioun made in Julij 
1620 agauis vnlauchfull dispositiones and alienationis made be dyvoures and 
banckruptis 

OUBE Souerane Lord with adiiyse and consent off the Estaittis convenit in this 
present parh'ament Batiefies and apprevis and for his hienes and his successouros 
perpetuallie Confermes the act of the Lordis of Counsell and sessioun made aganis 
dyvoures and bankruptis at edinburght The tuelff day of Julij 1620 And ordanis the 
same to haue and tak full effect and executioun as ane necessarie and proffitable law 
for the Weill of all his hieghnes subiectis Off the Quhilk act the Tennoure followes 

THE LORDIS Off Counsall and sessione Vuderstanding by the grevous and Just 
Gomplayntis of many of his Maiesties gude subiectis That the fraude malice and 
falshoode of a number of dyvoures and bankruptis Is becum so frequent and awowed 
and hathe alreddy taikin sick progres to the overthrow of many honest menis fortounes 
and estaittis That it is Liklie to dissolue trust Commerse and faythfull dealing amang 
subiectis Quhairvpoun must ensew the Suine off the whole estate gif the godles 
deceatis of those be not preventit and remeidit who by there apparent welth in 
Landis and guidis and by thair schow of conscience credite and honestie drawing into 
thair handis vpoun trust the money merchandice and guidis of weilmeaning and 
Credulous persounes do no wayes intend to repaye the same bot ather to leiff 
Syioutouslie by wasting of vther menis substance Or to enriche thame selffis by that 
subtile steal the of trew menis guidis And to withdraw thame selffis and thair guidis 
furth of this realme to elude all executioun of Justice and to that effect and in 
manifest defraud of thair creditouris do make simulate and fraudfull alienationes 
dispositiounes and vtheris securities of thair landis reuersiounes teyndis guidis 
actiounes dettis and vtheris belanging vnto thame to thair wyiffes Childrene 
kynnismen alleyis and vther confident and Interposed persounes without auye trew 
Lauchfull or necessarie cans and without anye Just or trew pryce Intervening in thair 
saidis barganis Wherby thair Just Creditoures and Cautioneris ar falslie and godleslie 
defraudit Off all payment Off thair Just dettis and manye honest famelies Liklie to 
cum to vtter Kuine FOR REMEID quhairoff The saidis lordis according to the powar 
gevin vnto thame by his Maiestie and his most noble progenitoures to sett doun 
ordouns for administratioun of Justice Meaning to follow and practize the guid and 
Commendable lawis Civill and Cannone maid aganis fraudfull alienatiounes in 
preiudice of creditouris and aganis the authoures and partakeris of 'suclfe fraude 
Statutes Ordanis and declairis That in all actiounes and Causses depending Or to be 
intentit by any trew Creditour for recoverie of his Just debt Or satisfactioun of his 
lauchfull actioun and right They will decreit and decerne all alienatiounes disposi- 
tiounes assignatiounes and translatiounes whatsoeuir made by the dettour of ony of hid 
Landis teyndis reuersiounes actiounes dettis or guidis quhatsoeuir to anye coninnct 
Or confident persoun without trew Just and necessarie causes and without a Just 
pryce realie payit the same being done efter the Contracting of lauchfull dettis frome 
trew creditoures to have bene frome the beginning and to be in all tymes Cuming null 
and off nane availl force nor effect at the instance of the trew and Just creditour be 
way off actioun exceptioun or replye without farder declaratour And incace anye of 
his Maiesties gude subiectis (no way is pertakeris of the saidis fraudis) have lauch- 
fuUie purchesit anye of the saidis bankeruptis Landis or guidis by trew barganis [for] 
Just and competent pryces or in satisfactioun of thair lauchfull dettis frome the 
Interposed persounes trusted by the saidis dyvoures In that cace the right Lauchfullie 
acquyrit be him quha is nawayes partaker of the fraude sail not be annulled in maner 
foirsaid bot the ressaver off the pryce of the saidis Landis guidis and vtheris frome 
the buyer sal be haldin and obleisit to mak the same furthcuming to the behuiff of the 
bankruptis trew creditouris in payment of thair Lauchfull dettis and it salbe sufficient 
probatioun of the fraude intended aganis the creditoures if they or onie of thame 
salbe hable to verefie by wreate or by oathe of thj pairtie receaver of anye securitie 

91 



C. 18.] James VJ. 1621. 

frome the dyvoure or bankrupt that the samen wes made without anye trew Just and 
necessarie caus or without anye trew or Competent pryce Or that the landis and 
guidis of the dy voure and bankrupt being sold by him who bocht thame frome the 
said dyvoure the whole or the maist pairt of the pryce thairoif wes Converted Or to be 
converted to the bankruptes proffite and vse Prowyding alwayes That so muche of 
the saidis Landis and guidis or pryces thairof so trusted by bankruptis to interposed 

Eersounes as hathe bene reallie pavit or assignet by thame to anye of the bankruptis 
lauchfuU creditoures salbe allowed vnto thame They making the rest furthcuming to 
the remanent creditoures who want thair dew paymentis And if in tyme Cuming anye 
of the saidis dyvoures or thair Interposed partakeris of thair fraude sail mak anye 
voluntarie payment or right to ony persoun In defraude of the lauchfull and more 
tymelie diligence of ane vther creditoure haveing servit inhibitioun or vseit homing 
arreistment Comprysing Or vther lauchfull meane dewlie to affect the dyvoures 
Landis or guidis or pryce thairoff to his behuiff In that Cace the said dyvoure or 
interposed persone salbe holdin to mak the same furtbcumand to the creditour haveing 
used his first lauchfull dili^ens who sail lyikwayis be preferrit to the Concreditour 
who being posteriour vnto him in diligence bathe obtenit payment by partiall fauoure 
of the dettour Or of his Interposit Confident And salhave gude actione to recover 
frome the said Creditour that whiche wes voluntarlie payit in defraude of the 
persewaris diligens FINALLIE THE LORDIS declairis all suche bankruptis and 
dyvoures and all interposed personis for covering or executing thair fraudis and all 
vtheris who sail rif Counsell and wilfull assistance vnto the saidis bankruptis in the 
dewvsing and prdctiezing of thair saidis fraudis and godles deceittis to the preiudice 
of thair trew Creditoures Salbe reputed and holden dishonest fals and Infamous 
persones vncapable of all honoures dignities benefices and oflSces or to pas vpoun 
Inquestis or assyses Or to beir witnes in Judgement or outwith in anye tymea 
Cuming 



CAP. 20. 

[1621, cap. 20.] 

Act ordaning annuelrent to be dew efter Homing 

OURE Souerane Lord and estaittis of Parliament Considdering the gryit preiudice 
whiche dyuerse of his maiesties liegis sustene by the want of thair money lent and 
gevin furthe vpoun band or contract or vtherwayis Justlie awand to thame by thair 
dettouris Quha haveing vseit all executioun Competent to thame by law aganis thair 
dettouris by Chargeing and putting of thame to the home ar forced efter many yeiris 
to receave thair principall soume and penaltie without anye satisfactioun of there 
annuelrent and Interes of thair money in the meane tyme Whiche as it is a preiudice 
vnto the trew creditouris so it is ane occasioun to the dettouris to coneteme his 
Maiesties charges and Lettres of horning who resolue in end to pay na mair for releif 
of the homing eftir manye yeiris delaye then they wer obleist vnto at the begynnine 
FOE REMEID quhairoff His Maiestie with aduyse and consent Off the Estaittis of 
Parliament Statutes and ordanis that whensoeuir anye persone is denunceit rebell and 
put to the home for not payment of soumes of money awand by him be band Contract 
or vtherwayis That eftir tne said denunciatioun The said persoun so denuncit salbe 
subiect in payment off annuelrent for the saidis soumes for the whiche he is put to 
the home and that off all yeiris and termes frome the date of the said denunciatioun 
vnto the tyme of the payment off the same and that nochtwithstanding thair be no 
Pactioun nor Conditioun of annuelrent maid betuiz the saidis pairtiea whiche may 
bind the said pairtie who is denuncit rebell vnto the payment thairoff • • . • 

[In pari rep,, 6 Ed. 7 c. 38 (&L.5.).] 



92 



0.22.] James VL 1621. 

CAP. 22. 

[1621, cap, 22.] 

Anknt Counterfuteing And making of fals Wreatia 

FOE Eschewing the danger quhairin manye of his Maiesties liegis stand by Counter- 
futeing and falsefeing of euidentis IT IS statuted and Ordanit That whosoeuir maketh 
and vsethe a false wreate or is accessorye to the makine thairofif Salbe punischeit with 
the paynes dew vnto the Committeris of falshoode AND IT SALL not be LauchfuU 
for anye persoun Counterfuter falsiefer or accessorie quhatsoeuir To declare in Judge- 
ment That he passeth frome the wreate querrellit of falshoode Bot eif efter the tryell 
The wreate querrelled be fund false The passing frome or declaratioun of the pairtie 
that he will not vse the same sail nawayis freith him frome the punischemont whiche 
is dew YQto those who Commit falshoode 



CAP. 31. 

[1621, cap. 31.] 

Anbnt hounting and baulking 

OURE Souerane Lord and Estaittis of this present Parliament Statutes and ordanis 
That no man hunt nor haulk at anye tyme heirefter quha hes not a pleughe of land 
in heretage vnder the payne Off ane hunderethe pundis Ordanis his Maiestie to have 
the ane halff of the penaltie of the Contravenaris of this present act and the dilatour 
to have the vther halff of the said penaltie 



93 



Q. 3.] Charles L 1633. 



ACTA PARLIAMENTORUM REGIS CAROLI PRIML 



PARLIAMENT AT EDINBURGH, 18tii june 1633. 

CAP. 3. 

[1633, cap. 3.] 

Anent his Majesties royall prerogative and Apparell of kirkmen 

OURE Soverane Lord With advyse consent and assent of the whole estaites acknow- 
ledging his Majesties Soveraigne authoritie princelie power royall prerogative and 
priuiledge of his crowne over all estaites persones and causes qnhatsumevir within 
this kingdome Ratifies and approues the act of parliament maid in the yeir 1606 Anent 
the kings royall prerogative And porpetuallie Confirmes the same for his hienes his 
airs and successors Als amplie absolutelie and frielie in all respectis as ever any of 
his Majesties royall progenitors did possess and exercise the same .... 

[In part rep., 6 Ed. 7 c, 38 (S.L.R.).] 



CAP. 6. 

[1633, cap. 6.] 

Against the inverting of pious donationes 

OURE Soverane Lord With the advyse of the estates wnderstanding that certane 
persones piouslie disposed haue of late bestowed certane giftes in lands heretages and 
sovmes of money in favours of coUedges schooles hospitalls and vther pious vses 
Which by the administrators and such others as they haue entrusted With the 
managing thairoff ar inverted to vther vses than the will of the disponer vpon some 
specious pretences coutrarie or different frome the disponers intentione to the evill 
example of others And the hinderance of such and the lyke chiritable workes against 
all reasone and conscience TUAIRFOR it is statuit and ordanit That it sail nowayes 
be lawful to alter chainge or invert any of the saidis gifts legacies and other pious 
donationes to any vther vse than the specifick vse quhairwnto they ar destinate by 
the disponer himselff And that the airs executors or vtheris entrusted with the saids 
gifts and legacies sail be comptable for the same to the vse of the kirkes colledges and 
vthers to quhome the saids dispositiones wer maid And that actiones sail be competent 
ather to the saidis kirkes colledges and vthers to quhome the same wer disponit or to 
the bischops and ordinaries within the diocesses quhair the saidis kirks schooles and 
others abonespecifiet ly for compelling thame to apply the same to the trew vse And 
to mak compt and payment of the ordinarie proffeitts of everie yeirs intromissioun 
at the rate allowed by the lawes of the realme by and attoure the fulfilling of the 
disponers will And this act to be extendi t to all dispositiones maid at any tyme since 
the majoritie of king James the saxt or to be maid heireftir in all tyme coming And 
that letters of horning be direct at thair instance by deliverance of the lords of 
sessioun without citatione of pairties 

94 



C 7.1 Cliarles L 1633. 

CAP. 7. 

[1633, cap, 7.] 

Anent invading of ministers 

OURE Soverane Lord With the advice of the estaites Ratifies and approues the act 
of parliament maid in the yeir of god ane thousand fy ve hundreth fourscoir and sevin 
yeires Anent the invaders of ministers With this explanatione and additione That 
quhasoevir invaides any minister or putts any violent hands one him by thameselffis 
thair men tennents servants or any vthers by thair hounding out directione or 
allowance for quhatsoever caus or occasione Whether the same be for the caus 
contenit in the said act or for any vther caus other way es then by order of law or 
doeth offer violence to thame sail incure the lyke paine as is contenit in the said act 
and sail be judged eftir the forme and maner thairin prescryved and declares that the 
same sail be extendit to all ... . ministers quhatsumever haveing power by lawfull 
warrant to preach and administer the sacraments .... 

[In part rep., 6 Ed, 7 c. 38 {S,L,R.),] 



CAP. 8. 

[1633, cap, 8.] 

Ratificatioun of the act of commissioun anent the ministers provisiounes 

OURE Soverane Lord With the adyvse and consent of the estates of parliament 
Ratifies and approves the act of commissioun of surranders and teinds of the dait at 
Halyrudhbus the tuentie saxt day of June the yeir of god 1627 yeirs Whairof the 
tennor foUowes The commissioners eftir reassoning vpon the lowest proportion and 
provisioun quhairwith the ministrie serveing the cure at each kirk sail be provydit 
Haue fund it meit and expedient that the lowest proportione sail be aucht chalder of 
victuall quhair victuall is payed or proportionallie in silver or victuall as the commis- 
sioners sail appoint at the setling of the kirk and according to the estait of that pairt 
of the cuntrie quhair the payment of the stipend sail occurre And think it meit That 
the said proportione of aucht chalder of victuall or proportionallie in silver as said is 
sail be the lowest maintenance to each kirk except such particular kirkes occurre 
quhairin thair sail be a iust reasonable and expedient caus to goe beneath the quantitie 
now determined And His Majestic and estates forsaids referres to the commissioners 
to be chosen by his Majestic at this present parliament The consideratioun of the 
reasones and causes quhich may move thame (eftir the valuatione of the trew worth 
of the teinds of ilk paroche be closed) To determine and raodifie a lesse quantitie for 
the ministers maintenance nor the quantitie forsaid of aucht chalder of victuall or 
aucht hundreth merks in victuall or moneys proportionallie And quhat the saids 
commissioners sail determine thairin the same to stand Notwithstanding of this present 
ratificatioun And also his Majestic and estates ratifies and approves the whole 
particular acts of the said commissioun of surranders and teinds quhairby stipends 
ar appointed and modifiet by the saids commissioners alreadie AND ordaines the 
ministers to quhome the same is assigned to haue intromissioun thairwith And that 
the lordes of scssioun direct letters of horning and poinding in favours of the saids 
ministers conforme thairto vpon ane simple chairge of ten dayes allanerlie And also 
vpon all vther acts to be maid for plantatione of kirkes by the Commissioners 
appointed by his Majestic and estates for that effect And it is declared that thes 
presents sail be without preiudice to the titulars and vthers having interest to persew 
for rectifeing of such valuationes as ar or salbe enormlie [under] valued And also 
without preiudice of the ministers maintenance and augmentatioun proportionallie 
efieiring to the trew and iust worth of the teind 

95 



a 15.] Clcarles I. 1633. 

CAP. 15. 

[1633, cap. 15.] 

Anent bis Majesties annwitie of Teinds 

OURE Soveraae Lord And estates of parliament Ratifies and approues the act of the 
generall commissioun of Teinds and surranders of the dait at Holyrudhous the tuentie 
nvnt day of m&v 1627 yeirs Whairby it is fund and ordanit That his Majestie and 
bis successors sail haue the constant rent and dewtie following payed out of the teind 
boUes of victuall And out of the bodie of the rest of the teinds of the kingdome 
redacted in money Except the teind holies and silver payit to the Bischops being the 
rent perteinin^ to thame in the estait quhairin the same is presentlie payit or 
presentlie payaole to thame and except the teind holies and silver payit to ministers 
in name of stipend for serving the cure And to the colledges bospi tails and other 
pious vses That is to say of everie teind boll of the best quheat ten schillings of everie 
boll of the best teind bear aucht schillings And of everie boll of the best teind oates 
meale peise and ry sax schillings And quhair oates ar of that nature that thev will 
not rander abone half meale The rent to be thrie schillings And quhair the bolles of 
victuall ar of inferiour goodnes worth and pryce nor the best That his Majesties 
annwitie furth thairof sail be modifiet proportionallie And quhair the rent doeth not 
consist in victuall hot in money That his Majestie and his successors sail haue of 
everie hundreth merkes of parsonage and viccarage teind not consisting in victuall 
rent The sovme of sax markes money Togither with the act of the said commissioun 
of the dait AT Holyrudhous the aucht of august 1628 Whairby it is ordanit That the 
payment of the said annuitie sail haue the begining of the crope and yeir of god 1628 
Togither with ane other act of the said commissioun of the dait AT Holyrudhous the 
the fourteine day of July 1630 Whairby letters of horning ar ordanit to be direct at 
the instance of his Majesties thesaurer for payment of the said annwitie of the cropes 
1628 and 1629 and yeirlie in tyme coming Togither with ane act of the conventioun 
of the Estates of the dait AT Holyrudhous the tuentie nynt of July 1630 yeirs 
Whairby the saids estates haue ratified and approued The said act of the dait and 
tenor foirsaid Anent letters of horning to be direct at the instance of his Majesties 
thesaurar for payment of his Majesties annwitie of the crops and yeirs of god 1628 
and 1629 and yeirlie in tyme coming And Siclyk ratifies and approues the act of the 
said commissioun of the dait the tuentie thrie of Marche 1631 yeirs Whairby it is 
ordanit that in all teinds Which sail be wnvalued botuix and the first of august thair- 
eftir That the heretour sail pay his Just teind according to the fyft pairt of the 
present rent av and quhill the constant rent be determined And whairby it is statuit 
and ordanit That his Majestie sail haue richt To vplift his annwitie according to the 
said fyft pairt of the present rent ay and while the said constant rent be determined 
Togither with ane other act of the said commissioun of teinds and surranders of the 
dait at Holyrudhous the fourteine of december 1631 yeares And ratified by the lords 
of Secreit counsall vpon the tuentie day of the said moneth of december Wliairby it is 
Statuit and ordanit for ane interim That the annwitie of teinds consisting in victuall 
sail be payit to his majestie of all yeares bygane and in tyme coming conforme to the 
tenor of the said last act And that according to the iust and trew prices of the victuall 
in ilk pairt of the cuntrie Compting for ilk hundreth markes of the pryces of the said 
victuall being redacted in money sax markes for his Majesties annwitie Which act is 
thaireftir vpon the tuentie of december 1631 ratified by the lords of Secreit counsall 
And letters of horning and poynding ordanit to be direct thairvpon And thaireftir 
ratified by the lords of exchequer vpon the tuentie thride of the said moneth of december 
And his Majestie and estates Statuit and ordaine the said annwitie furth of the teinds 
To be payit to his Majestie and his successors of the said crope and year of god 1628 
And of all years sensyue and in tyme coming And that als weill out of the wnvalued 
as valued teinds conforme to the tenours of the said actes of Conventioun Secreit 
counsall and exchequer And ordaines letters of horning and poinding to be direct 
by the lords of his Majesties exchequer at the instance of his Majesties thesaurar 
principall and deputte for payment of the said annwitie of all yeares bygane and in 

96 



C. 15.] Charles L 1633. 

tyme coming And ordaines the lords of his Majesties exchequer To sitt at all con- 
venient tymes for granting and discussing of suspensiones toutching the said annwitie 
of teinds IT is alwayes declarit That the last clause and article coutenit in the said 
act of annwitie Whairby the commissioners think fitt That the said annwitie of teinds 
sail be annexit to the crowne Is nowayes ratified by this present act nor no clause 
thairof And that his Majestic takes to his owin gracious consideratione what to doe 
thairanent in whole or in pairt As his Majestic in his royall wisdome sail think most 
expedient And whatever his Majestic sail doe now or heireftir thairanent sail be als 
valide and effectuall as if the same had beine particularlie exprest in this present act 



CAP. 17. 

[1633, ca;p, 17.] 

Anent the Sate and pryce of Teinds 

FORSOMUCH As oure Soverane lord out of his royall and fatherlie cair Tendering 
the publique good of this his auncient kingdome did immediatlie eftir his happie 
attaining to the crowne publisch and giue lurth his royall declaratione Anent the 
reforming of the abuses vsed in leiding of teinds Whairine his Majesties vmquhyle 
father of eternall and blissed memorie laboured soe much in his tyme And for pro- 
visione and maintenance of kirks and other pious vses furth of the saids teinds And 
now his majestic being by gods gracious providence present in his royall persone 
within this his Majesties auncient kingdome And holding this his first parliament of 
his whole estates of the same with quhome his Majestic haith advysed and resolved 
To put that glorious worke Anent the teinds to a full perfectione THAIRFOS his 
Majestic With consent of the thrie estates by these presents Statuites ordaines and 
declares That thair sail be no teind sch eaves or other teinds personage or viccarage 
led and drawin within the kingdome Bot that each heretor and lyfrentar of lands sail 
haue the leiding and drawing of thair awin teind The same being first trewlie and 
lawfullie valued And they paying thairfor the pryce eftirspecifiet incaice they be 
willing to buy the same or otherwayes paying thairfor the rate of teind eftirspecifiet 
Lykas his Majestie and estates find and declair that the iust and trew rate of teinds 
is and sail be the fyft pairt of the constant rent Which each land payeth in stock and 
teind quhair the same ar valued jointlie And quhair the teinds ar valued a part and 
seuerallie that the just rate thairof is and sail be such as the same is alreadie or sail 
be heireftir valued and proved befor the saids commissioners or subcommissioners 
deduicing the fyft pairt thairof for the ease of the heretors Reserving alwayes libertie 
to such as sail find thameselffes enormlie hurt by the leiding of the saids valuationes 
To perse w for rectifeing of the same befor the commissioners appointit by his Majestie 
and estates for that effect And also his Majestie with consent of the thrie estates finds 
and declares That the pryce of all teinds Which may be sold and annalied consisting 
ather in money victual! or other bodies of goodes is and sail be rewled and estimat 
according to nyne years purchase The pryces of victuall and other bodies of goodes 
quhairof the teind consists being redacted in money According to the worthe and 
pryce of victuall and goodes in each pairt of the cuntrie To the quhich the same is 
and sail be pryzed and estimat by his Majesties commissioners alreadie appointit or to 
be appointit to that effect And finds and declares that each heretor in the kingdome 
being willing to buy his awin teind frome the titulars having power to sell the same 
sail be obliged to buy the teinds of his awin lands Except soe much as sail be locallie 
assigned to the minister serving the cure of the kirk for his maintenance And to pay 
the pryces forsaids .... And quhair the saids teinds ar coft by the heretors as saia is 
finds that the heretor sail be obleist to give to the lyfrentar of the saids lands having 
richt thairto by contract of mariage lyfrent infeftment conjunctfie or reservatione 
furth of the infeftment of fie the leiding of the teinds of thair said lyfrent lands for 
payment of the rate of the teind of the same And Sidyk findes that in all caices 
quhair teinds ar not coft that the heretors or lyfrenters of lands quha haue the leiding 
s. A. 97 7 



C. 17.] Charles I. 1633. 

of thair awio teinds be thameselffes thair tennants and others in thair name sail be 
obleist to pay to the titulars of teinds the yearlie rate thairof according to the valua- 
tione of the same maid or to be maid and to give securitie thairof According to the 
order sett downe and prescrived by the commissioners of surranders and teinds or to 
be sett downe by the commissioners appointed or to be appointed by his Majestic 
with consent of the estates of this present parliament deduicing soe much thairof 
as sail be assigned to the minister for his maintenance IT is alwayes declarit that 
quhither the saids teinds be sold or not his Majestic sail haue his annwitie furth of 
the same According to the tenor of the act of annwitie And becaus sundrie questiones 
may aryse both anent the valuatione of teinds and pryce of the same in divers pairts 
of the cuntrie And anent the securities to be maid by the titulars to the heretors quha 
buy thair teinds and by the heretors to the titulars of the pryce to be payit for the 
same quhair the teinds ar coft or for payment of the raite of teind quhair the same is 
not coft And Siclyk anent the provisione of the kirks with competent maintenance 
and for divisione of the pryce of teinds betuix the heretors and lyfrentars and 
rectifieing of valuationes alreadie led to the enorme hurt and prejudice of these having 
interest Thairfor his Majestic and estates haue referred ana referres the determina- 
tione of the saids particulars and all others concerning the teinds to the commissioners 
appointit by his Majestic and estates in this present parliament IT is alwayis declarit 
that this present act sail be no farther obligator againes quhatsumever Archbischops 
Bischops parsones viccars and other beneficed persones being ministers nor thair suc- 
cessors Bot according to the provisiones and conditiones ezprest in the submissione 
maid by the Bischops to his Majestic Which is of the dait the day of 

1628 yeirs And registrat in the bookes of Gommissioun of surranders and teinds vpon 
the thretteine day of July 1631 yeirs Which provisiones and conditiones ar holden as 
expressed heirin And also it is declarit that the viccarages of each kirk being a seuerall 
benefice and title from the personage sail be severallie valued To the effect the titulars 
or ministers serving the cure quha haue richt to the saids viccarages be not frustrat 
of the trew worth of the saids viccarages 

[In part rep., 6 Ed, 7 c. 38 (&i.fl.).] 



CAP. 19. 
[1633, cap. 19.] 



Commissions for valuatione of teinds not Valued rectifieing of the valuationes 
of the same alreadie maid And o.ther particulars thairin contenit 

FOBSOMUCH As oure Soverane lord immediatlie eftir his happie attaining to the 
crowne of this his auncient and native kingdome did out of his royall and fatherlie 
cair to the publique good thairof give furth his royall declaratione Anent the reform- 
ing of the abuses vsed in leiding of teinds And for provisione and maintenance of 
kirkes and other pious vses furth of the saids teinds And also for restoring the crowne 
to the superiorities of quhatsumever benefices and temporalities thairof erected in 
temporall livings and againes other preiudices and detriments done to the crowne 
mentionat in the said declaratione And albeit his Majestic haith beine still vrging 
and following the performance of the particulars forsaids these fyve years bygone or 
thairabout by commissiones direct by his Majestic wnder his great scale To that effect 
Whairin thair haith beine good progres maid yett the same could not tak a full end 
without the authoritie of a parliament Lykas his Majestic out of his earnest and 
iender affection to the publique good of this his native kingdome And for advancing 
the saids great and glorious workes intendit by his Majestic as said is haith takin 
the paines to come hither in his royall persone Whair his Majestic being present in 
Bolemne parliament with his thrie estates of his said auncient kingdome l£iue resolved 
and concludit vpon the particular actes and statuites eftir following Tending to the 

Irablique good peace ease and comfort of his said kingdome and subjects thairof vide- 
icet His Majestic and estates forsaids haue ratified the act of commissione of surranders 

98 



C. 19.] Charles I. 1633. 

and teinds of the dait at Holyrudhous the tuentie saxt day of June 1627 yeiris Whairby 
it is fund meit and expedient that the lowest proportione for maintenance of ministers 
sail be aueht chalder of victuall or aucht hundreth markes proportionallie except such 
particular kirks occure Whairin thair sail be a just reassonable and expedient caus to 
goe beneath the forsaid quantitie And haith referrit the consideratione of the reassones 
and causes thairof to the commissioners to be chosin by his Majestic with consent of 
the estates in maner contenit in the said act Lykas also his Majestic and estates by 
ane other act and ordinance haith Statuit and ordanit And declarit that each heretor 
and lyfrentar of lands respective sail haue the leiding and drawing of thair awin 
teinds The same being first trewlie and lawfullie valued And they paying thairfor 
the pryce eftirspecifiet incaice they be willing to buy the same or otherwayes for the 
veirlie payment of the rate of teinds eftirspecifiet Lykas his Majestic and estates haue 
by the said act fund and declarit That the trew and iust rate of teind is and sail be 
the fyft pairt of the constant rent Which ilk land payes in stock and teind quhair 
the same ar valued jointlie And quhair the teinds ar valued a pairt and seuerallie 
That the iust rate thairof is and sail be such as the same is alreadie by vertew of the 
former ^enerall commissione of surranders and teinds proved and valued to Or els 
sail be heireftir valued and proved befor the Commissioners to be appointit by his 
Majestic with consent of the estates Deducing the fyft pairt thairof for the ease of 
the heretors Reserving alwayes libertie to such as sail find thameselffes enormlie hurt 
by the leiding of the saids valuationes To persew for rectifieing of the same befor the 
saids commissioners to be appointit by his Majestic and estates forsaids Lykas his 
Majestic and estates haue by the said act fund and declarit That the pryce of all 
teinds Which may be sold and annalied consisting ather in victuall money or other 
bodies of goodes is and sail be ruled and estimat according to nyne yeirs purchase 
The pryces of Victuall and other bodies of goods quhairof the teinds consist bein^ 
redacted in money According to the worth and pryce of victuall and goodes in ilK 
pairt of the cuntrie To the quhich the same is and sail be pryzed and estimat by the 
saids former commissiones of surranders and teinds Or by the commissioners to be 
appointit by his Majestic with consent of the estates And also haue fund and declarit 
That ilk heretor in the kingdome being willing to buy his awin teind frome the titulars 
having power to sell the same sail be obliged to buy the teind of his awin lands 
except soe much as sail be locallie assigned to the minister serving the cure for his 
maintenance And to pay the pryces forsaids to the titulars betuixt and the particular 
tymes and dyetts exprest in the said act And also haue fund that the heretors sail 
be obliged to giue to the lyfrentar of the lands the leading of thair awin teinds for 
payment of the rate of teind of the same And also haue fund that in all caices quhair 
teinds ar not coft That the heretors or lyfrentars of lands quha haue the leiding of 
thair awin teinds by thameselfies thair tennants and others in thair names sail be 
obliged to pay to the titulars of the saids teinds The yeirlie rate thairof According 
to tne order sett downe and prescryvit by the former commissiones or to be sett 
downe by the commissioners to be appointed by his Majestic with consent of the 
estates deducing soe much thairof as sail be assigned to the ministers for thair main- 
tenance And becaus sundrie questiones may aryse Anent the valuationes of teinds 
and pryces thairof And anent the securities to be maid by the titulars to the heritors 
quho by thair teinds and by the heritors to the titulars of the pryce to be payit for 
the same quhen the teinds ar coft or for payment of the rate of teind quhair the same 
is not coft And anent the provisiones of the kirks with competent maintenance and 
other particulars mentionat in the said act THAIRFOR His Majestic and estates b^ 
the said act did referre the determinatione thairof To the commissioners to be appointit 
by his Majestic and estates With these declarationes alwayes That his Majestic sail 
haue his annwitie payit furth of the teinds According to the tenour of the said act 
of annwitie And that the Archbischops Bischops parsones viccars and other beneficed 
persones being ministers and thair successors sould be no farther obliged in any of 
the premisses Bot according to the provisiones and conditiones exprest in the sub- 
missione maid by the Bischops to his Majestie Which is of the dait the day of 

1628 yeirs and registrat in the saids bookes of surranders and teinds vpon 
the thretteine of July 1631 yeirs And that the viccarages of ilk kirk being a severall 
benefice and title sould be seuerallie valued To the ef^ct the titulars and ministers 

99 



C. 19.] Charles L 1633. 

serving the cure quho haue richt to the saids viccarages sould not be frustrat of the 
trew worth of the saids viccarages And siclyk his Majestic and estates by ane other 
act haue fund and declarit That his Majestie and his successors haue and sail haue 
wndoubted richt to the superiorities of quhatsumever erectiones few maills few fermes 
and other casualities thairof Reserving to such lords and titulars of erectioun quha 
subscrived the generall surrander the few maills and few fermes of thair saids 
superiorities ay and while they receave payment and satisfactioun of the sovme of 
ane thousand merkes vsuall money of Scotland for ilk chalder of few ferme victuall 
and for ilk hundreth markes of few maills and for ilk hundreth markes of all other 
constant rent of the saids superiorities not consisting in victuall or money And not 
being naked service of vassals According to the tenour of his Majesties generall 
determinatione And conforme to the conditiones thairin contenit As in the saids 
thrie actes of this present parliament at mair lenth is ezprest AND forasmuch as it 
is necessarie for determinatione of the particulars forsaids and of all such other pointes 
Which ar fitt and expedient for the finisching and full perfectione of the said glorious 
worke anent the teinds maintenance of ministers and other forsaids That a commis- 
sione be grantit by his Majestie with consent of the estates and by authoritie of this 
present parliament THAISFOR his Majestie with consent of the saids estates haith 
grantit and by these presents granteth full power and commissione To the persones 
eftir following To witt nyne of the clergie Nyne of the nobilitie Nyne of the small 
barounes and nyne of the burgesses Togither with my lord Chancellar and aucht 
officers of estate videlicet George Erie of kinnowU Chancellour Williame Earle of 
Morton Thesaurar Johne Archbischope of Sanctandrois Thomas Earle of Hadingtoun 
lord privie seale Patrick Archbischope of Glasgow Williame Earle Marschall George 
Earle of wintoun Johne Earle of Perth John Earle of kinghorne Williame Earle of 
Dumfreis Williame Earle of Sterling secretarie David Earle of Southask Johne Earle 
of Traquair thesaurer deputte Johne Earle of Weymes Archibald lord Napier George 
lord Corstorphine Alexander Bischope of Dunkell Johne Bischope of Murray Johne 
Bischope of Kosse Adame Bischope of Dunblane David bischope of Brichen Andrew 
bischope of Argyle George bischop of orknay Sir Johne hay clerk of Register Sir 
Thomas hope advocate Sir George elphingstoun justice clerk Sir James galloway 
Maister of *requeists Sir robert spottiswoode Sir James learmonth Sir James lokhart 
younger of ley Sir Johne charteris Sir Robert grier Johne boyll of kelburne Sir 
Williame dowglas of Cavers The laird of Inchemairteine The laird of lugtoun Johne 
Sinclair Johne Maknacht Archibald tod Edward edger Maister Alexander guthrie 
Gabriell cwninghame Robert tailyeor Williame mecklejohne and Maister Robert 
cwnighame or any fyfteine of thame thair being thrie of everie estate with thrie 
of his Majesties officers of estate Of Which number of fyfteine The lords chancellor 
Thesaurer and privie seale Archbischops of Sanctandrois or Glasgow Earle Marschall 
and Earle of wintoun or any of thame sail be one To meitt and conveine at Holyrudhous 
or Edinburgh at such tymes and places as they sail think fitt And thair to prosecute 
and fallow furth the valuatione of quhatsumever teinds parsonage or viccarage within 
the kingdome Which ar as yett wnvalued And also to receaue the reports frome the sub- 
commissioners appointit within ilk presbitrie of the valuationes of quhatsumever teinds 
led and deduicit befor thame According to the tenour of the subcommissiones direct 
to that effect And to allow or disallow the same According as the same sail be fund 
agriable or disagriable frome the tenour of thair subcommissiones And also with 
power to rectifie quhatsumever valuationes led or to be led to the enorme prejudice 
of the titulars and to the hurt and detriment of the kirk And prejudice of 
the ministers maintenance and provisiones or of his Majesties annwitie And for 
the better expeding and advancing of the saids valuationes with power to appoint 
committies or subcommitties of thair awin number To receaue the reports of the saids 
valuationes maid or to be maid And to receave admitt and examine witnesses And to 
tak pairties oathes with thair depositiones quhair the same is referrit to oath And 
to give such farther power to the saids committies or subcommitties of thair awin 
number As they sail think fitt for the good of the worke and speidie finisching of the 
same And siclyk with power to thame if neid be To appoint subcommissioners not 
being of thair awin number within any parochin or presbitrie of the cuntrie for leading 
and deduicing of the saids valuationes And to receave the reports thairof allow or 

100 



C. 19.] Charles L 1633. 

disallow of the same And generallie with power to thame To sett downe quhatsumever 
other order or course Which sail be thocht fitt and expedient for dispach of the saids 
valuationes rectifieing thairof or finall closing of the same And Siclyk with power to 
the saids commissioners or any fyfteine of thame as said is thair being thrie of ilk 
estate with any one of the persones of the quorum abonespecifiet eftir the closing and 
allowance of ilK kirk and parochin of the valuatione thairof To appoint modifie and sett 
downe a constant and locail stipend and maintenance toilk minister To be payit out of the 
teinds of ilk parochine Acconling to the tenour of the actes abonespecifiet Referring 
Lykas his Majestic referrs with consent of the saids estates to the saids commissioners 
The tryall of The reasones and causes Which may move the saids commissioners to 
goe beneath the quantitie of aucht chalder of victuall or of aucht hundreth markes of 
money proportionallie in maner contenit in the said act And Siclyk with power to 
the saids commissioners To divide ample and spatious parochines quhair the same sail 
be fund necessarie and expedient or to vnite divers kirks in whole or in pairt to others 
And to ratifie and allow eftir tryall and consideratione such vnioun or dismembrin^ of 
parochines as haith beine formerlie maid by vertew of the former commissiones And 
siclyk with power to thame To appoint and provyde for such other pious vses in 
each parochin as the estate thairof may bear And siclyk with power to the saids com- 
missioners as said is To tak order that everie heretor and lyfrentar of lands sail haue 
the leiding of thair awin teinds parsonages and viccarages thairof they payiug the 
pryce contenit in the act abonespecifiet incaice they be willing to buy the same frome 
the titular having power to sell or otherwayes paying the rate of teind exprest in the 
forsaid act And to that effect with power to the saids commissioners to sette downe 
the pryces of sellable teinds According to the worth thairof in each pairt of the 
cuntrie quhair the same grow and are bred And also with power to thame to sett 
downe such good and ample securities as may stand by law both for the buyers of 
teinds To the effect the titulars may be fullie denudit in thair favour And also for 
securitie to the titulars and sellers of the pryce dew to be payit to thame for the saids 
teinds And also to sett downe the securitie in favours of the titulars and of the 
ministers soe far as concernes the maintenance assigned to thame for good thankfull 
and tymous payment of the rate of teind quhair the same ar not or can not be sold 
And siclyk with power to the saids commissioners To discusse and determine all 
questiones Which may aryse betuixt the titulars and heretors Anent the pryce of 
teinds According to the natur and qualitie of the richts to be sold Whither the same 
be heretable or temporall And to proportionat the pryce accordinslie And also to 
divide the pryce of teinds betuix heretors and lyfrentars thairof And betuix titulars 
takismen and others quha haue seuerall and distinct richts to the saids teinds sellable 
According to the qualitie of thair richts And also with power to thame To cans the 
titulars quha sell thair saids teinds To exhibite thair richts and titles To the effect 
that they may be lawfullie denudit thairof in favour of the saids heretors and 
lyfrentars respective Without prejudice alwayes to his Majesties annwitie to be payit 
furth of the saids teinds by the saids titulars of teinds or heritors or lyfrentars of 
lands According to the tenour of the said act of annwitie And generallie with power 
to the saids commissioners To decide and determine in all other pointes Which may 
concerne the leading and drawing of teinds the selling and buying of the same or 
payment of the rate thairof contenit in the actes of parliament abonespecifiet or sett 
downe in his Majesties general 1 determinatione With this provisione and declaratione 
alwayes That the Archbischops Bischops parsones viccars and other beneficed per- 
sones being ministers and thair successors sail be no farther bund Bot according to 
the provisiones and conditiones exprest in the submissione maid by the Bischops to 
his Majestic Which is of the dait the day of 1628 yeirs And registrat 

in the buikes of commissione of surranders and teinds Vpon the thretteine day oi July 
1631 Which provisiones and conditiones ar holden as exprest heirin And also with 
this provisione That the viccarages of each kirk being a seuerall benefice and title 
frome the personage sail be seuerallie valued To the effect the titulars or ministers 
serving the cure quho haue richt to the saids viccarages be not frustrat of the trew 
worth of the saids viccarages And Siclyk because be the act abonespecifiet maid anent 
superiorities of erectiones in favours of his Majestic Thair is special reservatione maid 
to such titulars and lords of erectioun As haue subscryved the generall surrander of 

101 



C. 9.] Charles I. 1633. 

the few maills few fermes and otber constant rent of the saids superiorities ay and 
while they be pay it of the pryce thairof content t in his Majesties generall determina- 
tione And according to the provisiones specifiet thairin Tbairfor his Majestic and 
estates give full power to the saids commissioners or any fyfteine of thame as said is 
To call and conveine befor thame the lords of erectioun and vtbers having richt to 
the saids few mails and fewfermes and other constant rent of the superiorities of 
kirklands at such particular dvetts as they sail appoint And to wrge the saids lords 
of erectioun and others forsaids to giue vp thair rentalls of thair saids few maills few 
fermes and vtber constant rent forsaid of thair saids superiorities conforme to his 
Majesties decreit and determinatione givin out thairanent And with certificatioun as 
is thairin conteinit And to liquidat the other constant rent of the saids superiorities 
not consisting in victuall or silver To the effect eftir the full tryall of the said rentall 
and liquidatione thairof The saids lords of erectione may receaue the pryce of 
a thousand markes for each chalder of few fermes And for each huudreth markes of 
the other constant rent being redacted in money in whole or in pairt proportionallie 
frome his Majesties thesaurers principall or deputte And incaice of the absence and 
refusall of the saids titulars and lords of erectioun That the same may be consigned 
in the hands of the clerk to the saids commissioners To remaine consigned for thair 
behoue eftir the which consignatione it sail be lawfull to his Majesties thesaurers 
principall or deputte To vplift receaue and intromett with the saids few maills few 
fermes and other constant rent forsaid of all yeares and termes eftir the said consigna- 
tione According to the tenour of the said generall determinatione And also with 
power to the saids commissioners as said is To discusse and determine all questiounes 
that may aryse betuix the saids lords of erectioun and the heritors of the ground 
pensioners lyfrenters and others pretending richt to the saids few maills and few 
fermes And to divide the pryce amongst thame According to the qualitie of thair 
richts And all other questiones anent the few maills few fermes and other constant 
rent forsaid Which by his Majesties generall determinatione is referrit to the deter- 
minatione of the commissioners to be appointit To that effect And quhairas it may 
fall out that some of the commissioners now appointit by his Majestic and estates 
may be wnable to attend the service through death seiknes or some other notour and 
knowne impediments Thairfor his Majestic reserves to himselff the nomination of such 
other persones in thair places as his Majestic sail think fitt Whome his Majestic by 
his letters sail recommend to the saids commissioners To the intent they may receaue 
and admitt thame vpon the said commissione and tak thair oathes for faithfull 
dischairge of the same And his Majestic and estates ordaine this present commissione 
to indure wnto the last day of december in the yeir of god 1635 years And farther 
iuduring his Majesties pleasure And ay and while the same be expreslie dischairgit 
by his Majesties warrand or letter to that effect And his Majestic with consent of the 
estates forsaids finds declares and ordaines the actes decreits and ordinances of the 
commissioners forsaids and of the other persones quha sail be surrogatte in thair 
^places by his Majestic in maner forsaid in the whole particulars abonespecifiet and 
everie one of thame To haue the strenth force and authoritie of a decreit sentence and 
act of parliament And ordaines the lords of sessione to grant and direct letters of 
horning poinding and others thairvpon vpon a simple chairge of ten dayes or otherwayes 
as sail be fund necessarie Attour for cleiringof all doubtes and difficulties Which may 
aryse Anent the rectifieing of valuationes or other particulars heads following His 
Majestic and estates haue declarit and declare That quhair valuationes ar lawfullie 
led against all pairties having interest and allowed by the former commissioners 
According to the order observit by thame that the same sail not be drawin in questione 
nor rectified vpon pretence of enorme lesione at the instance of the minister not being 
titular or at the instance of his Majesties advocate for and in respect of his Majesties 
annwitie except it be proved that collusione was vsed betuix the titular and heretor 
or betuix the procurator fiscall and the titulars and heretors Which collusione is 
declarit to be quhair the valuatione is led with diminutione of the thride of the iust 
rent presentlie payit And which diminutione sail be proved by the pairties oathes 
And siclyk it is declarit that the provisiones conteinit in the forsaid submissione maid 
by the Bischops Whairof mentione is maid in the forsaid act of tithes and which is 
repeated in this c jmmissione sail be restricted to that Whairof Archbischops Bischops 

102 



C. 9.] Charles L 1633. 

parsones viccarrs or other beneficed persones being ministers colledges hospitalls and 
other dotationes to pious vses wer in actuall and reall possessione the tyme of the said 
submissione Which sail remaine with thame in quantitie and qualitie According to the 
tenour of the said provisione And if any questione sail aryse betuix the saids Arch- 
bisohops Bischops parsones viccars and other beneficed persones forsaids Anent the 
leading of teinds That the same sail be referred to his sacred Majestic and to his 
royall pleasure to be signified thairanent And also anent laick patronages perteining 
to any of his Majesties subjects befor the yeir of god 1561 years His Majestic and 
estates declare That the same falls within the compasse of the generall submission 
maid to his Majestic And his Majesties determinatione givin toairvpon And that 
allanerlie in soe far as concerncs a competent maintenance to be locallie pay it furth 
of each kirk to the minister and his successors And anent the teinds of other mens 
lands And anent the annwitie to be pay it to his Majestic furth of the teinds of the 
said kirk And as to the remanent teinds the same to perteine to laick patrones in 
pryce or rate thairof in all caices quhair the forsaid laick patrones wer in possessione 
of the teinds thairof by the space of seven yeares within the fyftein years immediatlie 
preceiding the dait of the said generall submission With this declaration That quhair 
the titulars or ministers provydit to the saids laick patronages and kirks thairof wer 
in possessione of the benefices forsaids and fruites and rents thairof ather by leading 
of the teinds or by vplifting and- intrometting [with] the whole rents thairof by the 
space of seven years of fyfteine years immediatlie preceiding the said submission 
in thes caices the difference betuix the said laick patrones and the titulars and 
ministers sail be referred to his sacred Majestic and to his royall declaratione to be 
givin thairanent And ordaines all former commissiones anent the premisses to cease in 
tyme cuming and this onlie to stand in force in tyme to come 



103 



C. 6.] Charles IL 1661. 



ACTA PARLIAMENTORUM REGIS CAROLI SECUNDI. 



PARLIAMENT AT EDINBURGH, 1st January 1661. 

CAP. 6. 

[1661, cap. 2.] 

Act anent the Kingis Majesties prerogative in choiseiug and ap|K)inting of the 
Officers of State, Lords of Privy Council and Session 

THE Estates of Parliament Considering the great obligationes that doe \y vpon them 
from the law of Ood the lawes of Nations the municipal! lawes of the land and their 
oaths of alledgeance to mantaine and defend the Soverane power and authority of the 
Kings Maiestie and the sad consequences that doe accompany any incroachments 
thervpon or diminutions thairof Doe therfor from their sense of humble duetie 
Declare That it is an inherent Priveledge of the Croun and ane vndoubted parte of 
the Royall prerogative of the Kings of this Kingdome to have the sole choise and 
appointment of the Officers of Estate and privy Councellors and the nomination of 
the Lords of the Session as in former times preceiding the yeer 1637 And that the 
Kings sacred Maiestie and his aires and successoi-s are for ever be vertew of that 
Boyall power which they hold from God Almichtie over this Kingdome To enjoy and 
have the full exercise of that right .... 

[In part rep., 6 Ed. 7 c. 38 {S.L.B.).] 



CAP. 7. 

[1661, cap, 3.] 



Act anent his Maiesties Prerogative in calling and dissolveing of Parliamentis 

and makeing of Lawis 

THE Estates of Parliament now Conveened by his Maiesties speciall Authority Con- 
sidering that the quyetnes stability and happines of the people doe depend vpon the 
safety of the Kings Maiesties sacred person and the mantenance of his Soverane 
Authority Princely power and prerogative Royall And conceaveiug themselfis 
obleidged in conscience in discharge of their dueties to Almightie God to the Kings 
Maiestie and to their Native Cuntrie to make a due acknowledgement therof at this 
time Doe therfor unanimouslie Declare That they will with their lives and fortunes 
mantaine and defend the same And they doe heirby acknowledge That the power of 
calling holding proroguing and dissolveing of Parliaments and all Conventions and 
mei tings of the Estates Doth sollie reside in the Kings Maiestie his aires and 
successours And that as no Parliament can be lawfully keept without the speciall 
warrand and presence of the Kings Maiestie or his Commissioner So no acts sentences 
or statuts to be past in any Parliament can be binding vpon the people or have the 
authority and force of lawes without the speciall authority and approbation of the 
Kings Maiestie or his Commissioner interponed therto at the makeing therof .... 

[In part rep., 6 Ed. 7 c. 38 {S.L.R.).] 

104 



C. 12.] Charles IL 1661. 

CAP. 12. 

[1661, cop. 4.] 

Act anent his Majesties prerogative in making of Leagues 
and the Convention of the Subjects 

THE Estates of Parliament Considering That the mantenance of his Maiesties 
authority and Itoyall Prerogative in and concerning the makeing of Leagues and the 
convention of the Subiects is not only a necessary duety of the people but of singular 
advantage to their happines and peace And that their predicessours wiselie foreseeing 
the good and benefite therof and the preiudices and miseries that inevitably did 
accompanie the neglect of the same did therfor by many severall acts and lawes assert 
the Kings Prerogative and Authority therein And particularlie by the hundreth and 
threttie one act of the eight Parliament of King James the sext It is statute and 
oi'dained that none of his higfanes subiects of whatsoever quality state or function 
presume to convocat conveen or assemble themselffs for holding of Councills Conven- 
tions or Assemblies to treat consult and determine in any matter of state civill 
or ecclesiastick (except in the ordinary iudgements) without his Maiesties speciall 
command or expresse licence had and obtained therto wnder the paines made against 
such as vnlawfullie convocats the Kings leidges And by the tuelff act of the tenth 
Parliament holden the tent of December 1585 It is by his Maiestie with advice of his 
three estates statute and ordained that no leagues nor bands be made among his 
subiects of any degree vpon whatsoever culour or pretence without his Maiestie or 
his successours privacie and consent had and obtained thervnto vnder the paine to be 
holden and execute as movers of sedition to the breach of the peace And now finding 
that the due observeance of these lawes might have contribute much to the prevent- 
ing of these confusions and troubles which in these later times have almost ruined 
both the Kings Maiestie and all his Loyall Subiecte Thairfor his Maiestie with advice 
and consent of his estates of Parliament Doth Revive Renew Ratifie and Approve 
these acts above mentioned And ordane the fame to be punctually obayed in all time 
comeing Conforme to the tenor therof and under the paines therin contained .... 

\I%'pari rep,, 6 Ed, 7 c. 38 (S.L.R,).] 



CAP. 13. 

[1661, cap. 5.] 



Act anent his Maiesties Prerogative in the Militia and in making of Peace 
and War or treaties and leagues with forraino Princes or Estates 

THE Estates of Parliament Considering the great happines that this Kingdome hath 
for many ages enioyed vnder the Princely Government of their Royall Kings who 
by the speciall blessing of Almightie God have reigned over them in so long and 
vnparalleled series of Royall descents and the obligation thereby lying vpon them 
in conscience honour and gratitude to oune and assert the Royall Prerogatives of the 
imperiall Croun of this Kingdome which the Kings Maiestie holds from G^ Almightie 
alone And to vindicate the same from these invasions which by the malice or specious 
pretexts of ill affected persones and the confusions and disorders of the late times 
have been made vpon it Doe therfore Declare That the power of armes and makeing 
of peace and war or treaties and Leagues with forraine Princes or Estates Doth 
propperlie reside in the Kings Maiestie his heirs and Successours And that it wes 
and is their vndoubted right and theirs alone to have the power of raiseing in armes 
the subiects of this Kingdome and of the commanding ordering and disbanding or 
otherwise disposeing thairof and of all strenthes forts or Garrisons within the same 
as they sail think fit The subiects always being frie of the provisions and mantenance 

105 



C. 13.] Charles IL 1661. 

of these forts and armies Wnles the same be concludit in Parliament or Convention 
of estates .... 

[In part rep., 6 Ed. 7 c. 38 {S.L.R.).] 



CAP. 47. 

[Nat in l2mo edition.] 

Act allowing Messiugers of Armes to execute Summons of Treason 

THE Estates of Parliament In regaird of the trouble and ezpence that the Subiects 
will be put to be employing of Heraulds or Pursevants for executeing of all summons 
and letters of Treason for the appearance of any befor this Parliament Doe Declare 
that it shall be lawfull and frie to Messiugers of Armes to execute all such summons 
and letters of treason in any place beyond tuentie myles from Edinburgh Any act 
statute or Practise to the contrarie notwithstanding 



CAP. 67. 

[1661, cap. 61.] 

Commission for Plantation of Kirks and valuation of Teinds 

OUR Soveraign Lord Considering the great care his Itoyall father and grandfather 
of ever blessed memorie had at all tymes of the reformed Religion within this 
Elingdome and of the mantenance and provision of the ministerie and Churches 
thairof Concerning which and for the publict good of the Nation bis Maiesties 
Royall father did emit a declaration immediatly after his succession to the Croun 
and concerning diverse other particulars relateing to teinds and superiorities of kirk 
lands In order whervnto diverse acts and ordinances of Parliament and of Commis* 
sions wer from time to tyme made dureing the. reigne of his ever glorious father And 
yet by the vnhappie troubles of the tyme his Royall purpose hath not got a finall 
accomplishment So that diverse Churches are as yet vnprovyded with sufficient 
mantenance many teinds vnvalued and diverse other particulars are as yet vnperfected 
And his Maiestie being desireous to prosecute this good work for the vniversall ^ood 
of the people and namely for the encouragement of the Ministers of the OospellHis 
Maiestie with advice and consent of the Estates of Parliament Doth Ratifie and 
Approve the nynteinth act of the Parliament holden at Edinburgh by his Royall 
father in anno 1633 entituled Commission for valuation of Teinds etc in the whole 
heids clauses and contents thairof except in so far as ther hath been any derogation 
made thereto by acts and Commissions made and granted be his Maiestie since the 
date of the said act or granted by pretendit Parliaments since and which are ratified 
or salved or to be reserved by this present Parliament And his Maiestie with advice 
and consent forsaid Doth give full Power and Commission to the persons after- 
mentioned Videlicet Johne Earle of Midletoun his Maiesties Commissioner William 
Earle of Glencairne Lord heigh Chancellor Johne Earle of Crafford and Lindesav 
Lord Thesaurer Johne Earle of Rothes President of his Maiesties Privy Councill 
William Duke of Hammiltoun James Marques of Montrose Johne Earle of Lawder- 
dale his Maiesties Secretary William Earle of Marishall Johne Earle of AthoU Qeorse 
Earle of Linlithgow James Earle of Home James Earle of TuUibarden William Earle 
of Roxburgh Johne Earle of Hadingtoun James Earle of Annandale William Earle 
of Dumfreis Johne Earle of Tueddale James Earle of Calander Johne Earle of Dundie 
David Viscount of Stormount Johne Lord Sinclair David Lord Cardros Johne Lord 
Belheaven Lord Halkertoun William Lord Cochrane William Lord Bellenden 

Sir Johne Gilmour of Craigmiller President of the Session Sir Archibald Primerose 

106 



C. 67.] Charles II. 1661. 

of Chester Knight and Barronet Clerk of his Maiesties Councill Register and Rolls 
Sir Johne Fletcher his Maiesties Advocat Sir Robert Murray Justice Clerk Sir James 
Lockart of Lie Sir George M^^Kenzie of Tarbet Sir James Foulis of Golingtoun Sir 
Archibald Stirline of Carden Sir James Dalrymple of Stair Sir Johne Skougall of 
Whitekirk Senators of the CoUedge of Justice Alexander Bruce of Kincarmn Sir 
Johne Wrwhart of Crommertie Sir Robert ffletcher of Salton Sir Alexander Gibesou 
of Durie Sir Robert Innes of that ilk James Crichton of St leonards Sir George 
Kinnaird of Rossee Sir Gilbert Ramesay of Balmayn Johne Murray of Polmais 
William Scot of Ardross Sir James Dundas of Arnestoun Sir Johne Foulis of 
Ravelstoun Ritchard Murray of Bruchtoun Sir Robert Hepburne of Keith Mr Robert 
Prestoun of that ilk Sir Andrew Ramesay Sir Robert Murray Sir Archibald Sydserff 
Sir William Thomson and Johne Milne burgesses of Edinburgh Sir Alexander 
Wedderburne and Alexander Wedderburne burgesses of Dundie Mr Johne Paterson 
of Pearth Johne Bell of Glasgow William Coninghame of Air Andrew Glen of 
Linlithgow Duncan Nairne of Stirline Alexander Bruce of Culrose Andrew Carstairs 
of St Andrewes and William Seatoun of Hadingtoun Burgesses Or any threttein of 
them ther being alwayes present three noblemen three gentlemen and three burgesses 
with his Maiesties Commissioner the Lord Chancellour Lord Thesaurer Lord Presi- 
dent of the Councill Lord Privy seall the Lord Secretary or any one of them With 
power to them or Quorum forsaid To meit and conveen at Edinburgh or such other 
place or places at such tymes and dyets as they shall appoint To value and cause 
value whatsoever teinds ^reat or small personage or viccarage of whatsoever lands 
and others within this Kingdome lyable to the payment of teinds of whatsoever 
nature or qualitie the same be of which are yet vnvalued Provyding the Ministers 
servein^ the Cure who doe lead teinds be secured of good and thankfuU payment of 
so much victuall or money anserable to the worth of the said teinds as the teinds 
shall be valued to And also with power to them to receave reports from Subcommis- 
sioners and to appoint subcommissioners Conforme to the former acts and Commis- 
sions To appoint constant and locall stipends and grant augmentations To disioyn 
too large and spacious kirks build and erect new kirks dismember annex and vnite 
Kirks And to take order that everie heritor and lyverenter shall have the leiding 
and buying of their oune teinds if they be willing according to the rates prescryved 
by former Commissions namelie by the forsaid Commission granted by his Maiestie 
with consent of the Estates of Parliament in anno 1633 And with Power to the saids 
Commissioners or Quorum forsaid To give recompence to parties for the augmentation 
of stipends to be imposed by this Commission in the same way as wes done by former 
Commissions namelie by the Commission in anno 1617 With power to them to deter- 
mine all Questions concerning the prices of teinds betuixt Titulars and others haveing 
right to the teinds and the heritors And to appoint such securities in favours of the 
Titulars and others haveing right by the heritors payers of the valued dueties or 
buyers of the saids teinds and in favours of the Ministers as to their mantenance As 
the saids Commissioners shall think fitting according to the rules set doun in the 
saids former acts namelie in the said act in anno 1633 And siclyk with power to 
them to appoint and provide for such other pious vses in each paroche As the estate 
thairof may bear Declareing that whair the viccarage of any Paroche is a severall 
benefice and tytle from the personage the same shall be severally valued to the effect 
the Titulars or Ministers serveing the Cure haveing right to the said viccarage be not 
frustrat of the true worth therof It is alwayes declared That Ministers serveing the 
Cure who now lead their teinds And that Colledges SchooUs and hospitalls be not 
constrained to sell set nor dispone their teinds in preiudice of their successours not- 
withstanding of the valuation therof And that Titulars and others haveing right to 
teinds shall not be forced to dispone any teinds valued or to be valued which they 
shall be content and willing to assigne and dispone to the Ministers serveing the 
Cure of the paroche As a parte of his provision And his Maiestie with consent forsaid 
Declares That whair valuations are lawfully led against all parties haveing interest 
and allowed by former Commissions according to the order observed by them That 
the same shall not be draun in question nor rectified vpon the pretence of enorm 
lesion at the instance of the Minister not being Titular or at the instance of his 
Maiesties Advocat for and inrespeot of his Maiesties annuitie except it be proved that 

107 



C. 67.] Charles IL 1661. 

collusion wes vsed betuixt the Titulars and heritor or betuixt the procutor fiscall and 
heritors and Titular which collusion is declared to be wher the valuations are led with 
the diminution of a thrid of the iust rent and which diminution shall be proved by the 
parties oaths And albeit that all the acts of the pretendit Parliaments in the yeers 1640 
and 1641 and since are declared by ane act of this present Parliament null and of no 
availl in tyme comeing Yet it is heirby declared That all and whatsoever valuations acts 
sentences and decreits done concluded and decerned by vertew of any Commissions 
granted by the saids pretendit Parliaments with all execution vsed or to be vsed 
thervpon are and shall stand valeid in all time comeing Notwithstanding of the 
forsaid act recissorie And this for the good and ease of the people and for encourase- 
meut of the Ministers of the Gospell whervnto his Maiestie hath alwayes ane tenoer 
respect And although by a speciall act of this present Parliament The pretendit 
Parliament holden in anno 1649 and in the begining of the yeer 1650 Is from the 
begining declared voyd and null and all that followed theron Yet nevertheless his 
Maiestie doth with advice forsaid Authorize all valuations acts decreits and sentences 
led deduced and pronunced by the Commissions ane or mac appointed by the said 
pretendit Parliament for plantation of kirks and valuation of teinds and all execution 
competent thervpon Excepting such decreits and sentences given in favours of 
Ministers for their stipends or for divydeing vniteing annexing or building of kirks 
which shall be fund to have been iniustly or exorbitantly decerned The determination 
whairof is heirby referred by his Maiestie with consent forsaid to the saids Commis- 
sioners that they after heareing of parties and consideration of particulars may take 
such course for altering annulling or allowing of the saids acts decreits and sentences 
as they shall think fitting Conforme to the lawes practick and custome observed 
preceiding the yeer 1649 And ordaines processe vpon supplications to be summarlie 
granted parties alwayes being ceited And that without any reduction And it shall be 
lawfuU to the saids Commissioners or Quorum forsaid To proceid in all summons and 
actions to be inteudit for that effect within the space of tuo yeers after the first 
dounsitting of the Commission As also with power to the saids Commissioners vpon the 
dependance of the saids Complaints and processes To discharge execution vpon the 
forsaids decreits in whole or in parte As they shall find iust ay and whill the mater 
be determined by them As also inrespect that by diverse decreits pronunced by the 
saids Commissioners appointed by the said Commission in anno 1649 the burden of 
ane augmentation wes put vpon diverse taksmen of teinds and yet no recompence wes 
made to them by prorogateing of the saids Tacks inregaird also that diverse registers 
of Commissions preceiding the yeer 1649 are lost Wherby prorogations wer granted 
in favours of taksmen and the extracts also perished the time of the troubles Therfor 
his Maiestie with consent forsaid Gives power to the saids Commissioners or Quorum 
forsaid appointed by this Commission to grant recompence and prorogation to the 
saids Taksmen in the same maner as wes prescryved by the former Commissions 
Namely by the Commission in anno 1617 the Titulars alwayes being ceited therto 
And wheras it may fall out that some of the saids Commissioners now appointed may 
be vnable to attend the service through death seiknes or some other notour knoun 
impediment Therfor his Maiestie declareth that he shall be carefull to fill their places 
with other persones qualified whose oaths for faithfull discharge of the same shall be 
taken by the Lord Chancellor or in his absence by the president of the said Com- 
mission for the tyme And ordaines this present Commission to endure ay and whill 
the same be discharged by his Maiestie And ordains the acts decreits and ordinances 
thairof to have the force strenth and effect of a decreit sentence and Act of Parliament 
And the Lords of the Session to grant and direct lettres of horneing poinding and 
others requisite in maner contained in the saids former Commissions And considering 
that it wes the will and pleasure of his Maiesties Koyall father that all heritors who 
should be willing to buy Should have their oun teinds at reasonable rates Therfor his 
Maiestie with advice forsaid Statutes and ordaines that all heritors whose teinds are 
not valued shall have libertie to value and buy the same at such rates as are contained 
in the act of Parliament 1633 yeers With power to augment the saids Rates according 
to the burden of augmentations and others sustained by the Titulars since the said 
act of Parliament 1633 yeers And the saids heritors to have the libertie of buying as 
said is within the space of three yeers after the valuation With power to the saids 

108 



C. 67.] Clmrles 11. 1661. 

Commissioners to determine therin according to justice With this declaration alwayes 
That incaice the impediment dureing the space forsaid flow from the Titular by 
reason of his minority or other inability In that cace the heritor who offered himselff 
ready to buy his oun teind within the space forsaid shall have place so soon as the 
impediment is removed to buy his teinds Notwithstanding the ezpyreing of the yeers 
and space aboveexprest And it is declared that if the heritor be minor and his tutors 
neglect the buying of his teinds within the forsaid space the minor shall have action 
for tuo yeers after his minority to compell the Titular for selling of the saids teinds 



CAP. 88. 
[1661, cap. 24.] 



Act concerning appearand airs their payment of their oun and 

their predecessours debts 

OUR Soveraign Lord with advice and consent of the Estates of Parliament Takeing 
into consideration that appearand aires immediatly after their predicessours death doe 
frequentlie dispone thair estates in whole or in parte in proiudice of their predicessours 
lawfull Creditors befor their death come to their knowledge or befor they can doe 
lawfull diligence against the saids appearand aires and which dispositions the saids 
appearand aires doe often make befor they be served aires and infeft Or otherwayes 
by collusion they sufl'er thair predicessours estates to be comprised or adiudged from 
them for payment of their oune propper debts reall or simulat without respect to 
their predicessours Creditors And his Maiestie considering how iust it is that every 
mans oun estate should be first lyable to his oun debt befor the debts contracted by 
the appearand aires Thai rf or his Maiestie with consent forsaid Declaires that the 
Creditors of the defunct shall be preferred to the Creditors of the appearand air in 
tyme comeing as to the defuncts estate Provyding alwayes that the defuncts Creditors 
doe diligence against the appearand air and the reall estate belonging to the defunct 
within the space of three yeers after the defuncts death And because it wer most 
vnreasonable that the appearand air when he served and retoured air and infeft 
respective should for the full space of three yeers be bund vp from makeing rights and 
alienations of his predicessours estate And yet it being as vnreasonable that he should 
dispone thairvpon immediatly or shortly after his predicessours death in preiudice of 
his predicessours Creditors he haveing year and day to advise whither he will enter air 
or not Thairfor it is heirby declared That no right or disposition made be the said 
appeirand air in so far as may preiudge his predicessours Creditors Shall be valeid 
Wnles it be made granted a full yeer after the defuncts death 



CAP. 211. 

[Not in \2mo Edition.] 

Act anent the precedencie of the President of the Session the Lord Register 

the Lord Advocat and Thesaurer Deput 

THE Kings Maiestie and Estates of Parliament Haveing at lenth heard and considered 
the Report vnderwritten presented to them from the Lords of the Articles Wherof 
the tenor followes The Lord Commissioner and Lords of the Articles Haveing heard 
the President of the Session The Lord Register The Lord Advocat and Thesaurer 
deput concerning the precedencie due to them in their severall Offices Doe offer to 
the Parliament That they find the President of the Session for the tyme being hes 
had vndoubted possession of Precedencie befor the other three And that the Clerk of 
Register and Advocat wer officers of State and Privy Councellours long befor the 

109 



C. 211.] Charles 11. 1661. 

Thesaurer Deput And particularly in King James the thrids tyme in tbe yeer 1482 
The Clerk of Register is enrolled as ane officer of State in the Eolls and Kecords of 
Parliament And in the yeer 1612 Wher the first mention is of a Thesaurer Deput as 
ane officer of State The Clerk of Register and Advocat are ranked befor him And 
sidyk in the Parliament 1617 wher King James the sext of blessed memorie be a 
speciall act established the number of the Officers of State Ther also the Clerk of 
Register and Advocate Are ranked befor the Thesaurer Deput And in the Parliament 
1633 At which tyme the Thesaurer Deput for the tyme wes a Lord and Barron of 
Parliament Yet in the ranking of the Officers of State both as to the Parliament and 
Articles The Clerk of Register is ranked befor the Thesaurer Deput And that in the 
Commissions of Privy Councill both befor and since that time The Clerk of Register 
is alwayes befor the Thesaurer deput And also they find that be ane act of Secret 
Councill in the yeer 1623 Ypon a letter from the Kings Maiestie And vpon considera- 
tion of former acts and ordinances Ther is a positive rule set doun for ranking the 
Officers of State in all tyme comeing And therin the Clerk Register and Advocat are 
ranked and ordained to have place befor the Thesaurer deput And that comforme 
therto they have brooked their precedencies Inregaird of all which it is thair opinion 
That it be of new declared be his Maiestie with advice of his Estates of Parliament 
That the persons and Officers of State above mentioned Hes in reason had and shall 
in all tymecomeing Have their Precedencie in maner following To wit The President 
of the Session the first place The Clerk of Register the second place The Advocat the 
thrid place and the Thesaurer Deput the last Sic mbscrihUur CRAFFORD & LINDESA Y 
I P D Par. And haveing considered the severall acts Commissions and orders 
mentioned in the said Report They Doe Approve of the Report above-written And 
accordingly ffinds and Declares That the persons and Officers of State abovementioned 
Hes in reasone had And shall in all tyme comeing Have their Precedencies in maner 
following To wit The President of the Session the first place The Clerk of Register 
the Second place The Advocat the thrid place and the Thesaurer Deput the last 
Lykas his Maiestie with advice of his Estates Doe heirby Decerne and Ordaine the 
persons and officers of State aforesaid and their Successours in these Offices To couforme 
themselffs in their Precedencies To this present Act As they will be ansuerablo 



CAP. 215. 

[1661, cap, 20.] 

Act against curseing and beating of Parents 

OUR Soverane Lord and Estates of Parliament Considering how great and attrocious 
a cryme it is for childeren to beat or curse their Parents and how the law of God hath 
pronunced iust sentence of death against such as shall either of these wayes injure 
either of their parents Thairfor his Maiestie with advice of his saids estates Doth 
heirby Statute & Ordaine That whosoever sonne or daughter above the age of Sextein 
yeers not being distracted Shall beate or curse either their father or mother Shall be 
put to death without mercy and such as are within the age of Sixtein yeers and past 
the age of pupillarity to be punished at the arbitriement of the Judge according to 
their deserveings that others may hear and fear and not doe the lyk 



CAP. 218. 
[1661, cap. 29.] 



ACTT anent execution of poinding to follow vpon Shirreffs Commissers 

and other inferior Judges decreits 

OUR Soverane Lord and the Estates of Parliament Considering that albeit by act of 
Parliament of the date the nvnt day of July one thousand sex hundreth and sex 

110 



C. 218.] Charles II. 1661. 

yeers, letters of horning are ordained to be directed by deliverance of the Lords of 
Session vpon Shirreffs Commissers and other inferior jadicatories their decreits vpon 
the simple charge therinmentioned Yet the act beares no warrand for letters of 
poinding to be granted by the delyverance forsaid vpon these decreits Wherby the 
parties interessed obtainers of the decreits are oftymes prejudged of their payment 
when these parties against whom these decreits are obtained doe flit or remove out 
of the Shire or jurisdiction of the Judge befor whom the saids decreits are given 
Therfor his Maiestie with advice of the saids Estates Batifies the act of Parliament 
abovementioned in the whole heids and points thairof And for remedie of the 

Ereiudice forsaid Ordaines letters of poinding to be direct by delyverance of the 
tords of Session at the instance of the parties interessed vpon the said Shirreffs 
CSommissers and other inferior Judges their decreits contained in the said act Siclyk 
and in the same maner as letters of horning are appointed by the said act to passe 
vpon the said decreits That therby the parties may have reall execution alswell as 
personall vpon their decreits forsaids .... 

[In part rep., 6 Ed. 7 c. 38 {S.LM,),] 



CAP. 239, 

[1661, cop. 26.] 

Act appointing the pursuer of the thieff to have the goods stollen from him restored 

OUR Soverane Lord vnderst-anding that when thieves are taken and execute for theft 
or declaired fugitives their whole estate and the goods stollen also doth fall to his 
Maiestie and to the Lords of Regalities and others Justiciars pretending right to the 
saids goods stollen For remeid whairof his Maiestie with advice and consent of the 
Estates of Parliament Statuts and Ordaines That any persone haveing goods or geir 
stollen from him and haveing persewed the Stealler thairof Shall have his oune goods 
agane wherever the same can be apprehended And wher the stollen goods cannot m had 
the persuer of the thieff shall have the iust value of the goods and geir stollen from 
him out of the readiest of the theiffs goods with the expences waired out by the 
persuer he alwayes persewing the theiff vsque ad sententiam Beserveing alwayes to 
the Shirreff or other Magistrats and taker of the theiff the Expences waired out by 
them in the takeing and putting of the theiff to execution 



CAP. 243. 

[1661, cap. 3L] 

Act concerning the Registration of Compriseings 

OUR Soverane Lord with consent of the Estates of Parliament Considering that the 
Registration of appriseings wes only established by ane act of Secreit Council and 
never authorized by any law or act of Parliament and that the Registration thairof 
did put the leidges to vnnecessar charges Neither adding to the validitie of the 
Appriseing nor to the benefite of the comprisers Hath therfor discharged and by 
these presents discharges all registration of compriseings with all gifts acts of Councill 
and other warrands and custome whatsomever granted and observed at any tyme 
heirtofore theranent And by thir presents Ratifies and Approves the custome observed 
these many yeers past wherby in place of the said registration a short record of all 
compriseings of lands teinds and others and of the comprisers names and designations 
the aefenders names the debts for which the compriseing is deduced the Messingers 
and Clerks names the date of the executions the witnesses names thairto and of the 
Superiors of whom the comprized lands are holden hath been made in a book by the 

111 







C. 243.] Charles II. 1661. 

Clerk of Register and his Deputs at the allowing of the saids appriseings (for which 
allowance and recording their is only forty shillings scots to be payd) and which 
custome is verie vsuall and necessar for information of the leidges And therfore his 
Maiestie with advice and consent forsaid Ratifies and Approves the forsaid custome 
And ordaines all compriseings formerlie deduced and not allowed and recorded in 
maner above written to be brought in to the Clerk of Register and his deputs within 
three score dayes after publication heirof And all compriseings to be led and deduced 
heirafter to be brought in to the said Clerk of Register and his deputs within three- 
score dayes after the date theirof With certification that if they be not allowed and 
recorded within the said space Any other comprisein^the posterior in date yet if it 
be allowed and recorded befor the prior Compriseing The fame shall have preference 
according to the date of the allowance and Record But preiudice always to any 
further diligence by infeftment or Charges against the superior According to the 
priority or posteriority theirof prout de jure 



CAP. 244. 

[1661, cap. 32.] 

Act concerning heretable and moveable Bands 

OUR Soverane Lord with advice and consent of his Estates of Parliament for many 
iust and reasonable causes moveing him Statuts and Ordaines That all contracts and 
obligations for soums of money payable to parties at any tyme made and dated 
since the sexteinth day of November 1641 or to be made in tyme comeing Containing 
clauses for payment of annuellrent and proffeit Are and shall be holden and interpret 
to be moveable bands Except in these caces following videlicet That they beare ane 
expresse obleidgement to infeft Or that they be conceaved in favours of airs and 
assignayes secludeing executors In either of which caices Ordaines the sums to be 
heretable and to pertaine to the air Otherwayes to be confirmed be the executor and 
to apperteane to the nearest of kin and to the defuncts executors and legators 
according to the law and practick of moveables Declareing alwayes that all such 
bonds quoad fiscuni shall remaine in the same condition as they wer before the said 
sexteinth of November 1641 nor to fall vnder the compasse of single escheat nor 
shall any parte thairof perteane to the relict jure relictsa wher the bonds are made to 
the husband not to the husband jure mariti wher the bonds are made to the wiffe 
wnlesse the relict or husband have otherwise right and interest therto Declareing 
nevertheles that this provision shall nowayes preiudge wiffe nor husband and their 
executors of their respective titles and interests to the bygone annuellrents of the 
saids bands resting befor either of their deaths 



CAP. 246. 

[1661, cap. 34.] 

Act against clandestine and vnlawfuU Marriages 

OUR Soverane Lord and the Estates of this present Parliament .... Statuts and 
ordaines that whatsoever persone or persones shall heirafter marie or procure them- 
selffs to be married in a clandestine and inorderly way or by Jesuits Priests or any 
others not authorized by this Kirk That they shall be imprissoned for three moneths 
and beside their said imprissonment shall pay each Nobleman one thousand pund 
scots each barren and landed gentleman one thousand merks each Gentleman and 
Burges fyve hundreth punds each other persone one hundreth merks And that they 
shall remaine in prisson ay and whill they make payment of these respective penalties 
abovementioned which are heirby ordained to be applyed to pious vses within the 

112 



C. 246.] Charles IL 1661. 

severall paroohea wher the saids persones duells And that the Celebrator of such 
marriages be banished the Kingdome never to returne therin vnder the paine of death 
Lykas his Maiestie wjth advice forsaid Prohibits and discharges all men and women 
haveing both thair ordiuar residence within this Kingdome to get manage to them- 
selffs with others within the Kingdome of England or Ireland without proclamation 
of Banns heir in Scotland and against the order and constitution of this Church or 
Kingdome vnder the paines following videlicet for each Nobleman so maried one 
thousand punds for each lauded Gentleman one thousand merks for each burgesse 
fy ve hundreth punds and for each other substautious persone fyve hundreth merks for 
ane yeoman one hundreth punds for each persone of inferior qualitie one hundreth 
merks The one halff of the which penalties shall belong to the Kings Maiestie the 
other to the paroche or paroches wher the maried parties did reside And ordaines his 
Maiesties Advocat and the Procurator of the kirk to persue befor the Civile Judee 
the parties contraveeners of this act or either parte thereof for payment of the 
penalties respective abovementioned .... 

[Ifk'pQxir&p., 6 Ed. 7 c. 38 (&Z.^.).] 



CAP. 247. 

\Noi in Vlmo Ediii(m?^ 

Act anent the redemption of the fee of Lands granted under reversion from 

the aires and asignayes of the fiars 

OUfi Soverane Lord Considering that infeftments of fie hes been in vse to be and are 
daylie granted be Parents and others to their eldest sonnes and other neir relations 
Reserveing their oune ly verents and vnder reversion and with power to them and 
thair assignayes to redeeme the lands and others contained in the saids infeftments 
from the saids persones to whom the ^% is granted at any tyme dureing the life tyme 
of the granters for payment of a rose noble or some such lyk soume And sometymes 
through the informality and vnskilfulnes of Notters and others Writters of such 
writts and rights mention is not made in the said reversions of the airs and assignayes 
of the receavers of the saids rights And that they should be redeemable from them 
and their forsaids Thairfor his Maiestie with advice and consent of the Estates of 
Parliament for removeing and preveening all questions that hes been or may arise 
vpon the occasion forsaid Doe Declare Statute and Ordaine That in all caces wher 
any infeftment of fie hes been alreadie granted or shall be granted at any tyme heir- 
after beirand or affected with a reversion clause provision or condition of reversion 
and power to any persone and bis Assignayes dureing his lifotyme to redeeme from 
the persones to whom the fie is granted It wes and shall be lawf ull to the said persone 
and his Assignayes dureing the tyme forsaid to redeeme the lands and others 
contained in the saids fie infeftments Not only from the said fiar himselff but from 
his aires and assignayes tho they be not exprest Wnleffe it be expreslie provydit 
that it shall be lawfull only to redeeme from the fiar himselff and not from his aires 
And it is ordained that in all such caces the Lords of session and other Judges shall 
proceid and determine conforme to thir presents 



CAP. 28 L 

[1661, cap. 18.] 

Act for the due observation of the Sabboth day 

THE Kiuss Maiestie Considering how much it concernes the honour of God that tho 

Sabboth day be duelie observed and all abuses thairof restrained and that notwith- 

s. A. 113 8 



C. 281.] Charles IL 1661. 

standing of severall acts of Parliament made in that behalffe particularlie the thrid act 
of the sext Parliament of K : Ja : 6 : of blessed memorie the said day hath been much 
prophaned by salmond fishing goeing of Salt pans milnes and kills hireing of shearers 
and vseing of merchandice on that day and otherwise Thairfor our Soverane Lord 
with advice and consent of his Estates of Parliament Batifies and Approves all former 
acts of Parliament made for observation of the sabboth day and against the breakers 
thairof And by these presents Inhibites and discharges all salmond fishing going of 
salt pans milnes or kills all hireing of shearers carieing of loads keeping of mercats 
or vseing any sorts of merchandice on the said day and all other prophanation thairof 
whatsoever vnder the paines and penalties following videlicet the summe of Tuentie 
pund scots for the goeing of ilk salt pan milne or kill on the said day to be payed 
by the heritors and possessours thairof and the summe of ten punds for ilk sheirer 
& fisher of salmond on the said day The one halff thaif to be payed by the hyrers 
and conducers and the other halffe by the persones hyred and the said sume of 
ten punds for everie other prophanation of the said day And which fynes and 
penalties are to be vplifted and disposed of in maner contained in the act and 
instructions anent the justices of peace And if the partie offender be not able to pay 
the penalties forsaid then to be exemplarly punist in his bodie according to the 
merite of his fault 



CAP. 283. 

[1661, cap. 51.] 

Act anent Arreistments 

OUKE Soverane Lord Considering the great Charges that Creditors are put to by 
compriseing of summs owing to their debitors be vertew of heretable bands contracts 
and other writs beareing payment of annuellrents which in respect of the obleidge- 
ment for annuellrent wer not in former times areistable Therfor the Kings Maiestie 
with advice and consent of his Estates of Parliament finds and declares that all 
summs of money which are adebted be bonds contracts and other personall obleidge- 
ments whervpon no infeftments have followed are and shall be areistable at the 
instance of any Creditor Notwithstanding that the bonds contracts and other 
obleidgements beare payment of annuellrents And the Kings Maiestie with advice 
and consent forsaid Declares that this shall nowayes change the nature of the saids 
summs Nor preiudge the air nor any other persone their rights to the same as 
being heretable Which are heirby declared to remaine in their oune nature vnchange- 
able be this act prout de iure except that only the same are areistable And it is 
heirby expreslie provydit that all areistments and executions thairof since the 29 day 
of July 1644 yeers vsed conforme to the tenor of this act shall be als valeid and 
sufficient as if this present act had been of the said date But preiudice alwayes to the 
Creditors to comprise the said heretable sums if they shall choose rather to comprise 
then to areist 



CAP. 284. 

[1661, cap, 41.] 

Act for planting and incloseing of ground 

OUB Soverane Lord .... with consent and advice of his Estates of Parliament 
.... Statuts and Ordaines that wher inclosours fall to be vpon the border of any 
persons inheritance the next adiacent heritor shall be at equall paines and charges in 
building ditching and planting that dyk which parteth their inheritance .... 

[In pari rep,, 6 Ed, 7 c. 38 {S.L.R.),] 

114 



C. 331.] Cfiarles IL 1661. 

CAP. 331. 
[1661, cap. 54.] 

Act ia favours of Laik Patrons of Provostries Prebendaries Chaplanries 

and Altarages 

OUR Soverane Lord \yith advice and consent of his Estates of Parliament Ilatifies 
and Approves the act of Parliament made by King James the sext his Maiesties 
Grandfather of eternall memorie Par. first chap. 12 Anent Provestries Prebendaries 
Alterages Chaplanries and Collegiat kirks pertaining to Laik Patrons Together with 
the act of Parliament 12 chap. 158 ratifieing the same And ordaines the saids acts to 
have full force and effect in all tyme comeing With this declaration alwayes That 
inrespect the vassalls which held lands of the saids Provests prebendars and others 
f orsaids are put to great vncertantie of their superiors it not being knoun to them who 
are provyded to the saids Provestries Prebendaries Chaplanries Alterages and other 
forsaids by reason ther is no publict register to the which they may have recourse for 
knowledge and notice therof and that the most that they can know by any register is 
the infeftments and sasines made to these who are laik Patrons holding of his Maiestie 
Therfor for secureing of the vassalls who hold lands milnes fishings tenements annuall- 
rents or others whatsoever of the saids Provostries Prebendaries Collegiat kirks or of 
Chaplanries Alterages and others of that nature at any tyme of before It is statute 
and ordained that the entrie of the saids vassalls by retour precept of clare constat 
resignation compriseing or otherwise whatsoever shall pertaine to the laik Patrons 
and their successours who stand infeft in the saids laik patronages holding immedi- 
atly of his Maiestie and that the entrie of the vassalls by them shall be als valid and 
sufficient to the saids vassalls receavers therofas if they wer entered by the Titulars 
of the saids Provostries Prebendaries Alterages Chaplanries and others forsaids And 
that the said laik Patrons shall be in all timecomeing in their place as superior to the 
said vassalls and to have the same power to give infeftments to his Maiesties subiects 
vpon retour or by precept of clare constat or by resignation compriseing or any 
maner of way With gifts de novo damns and that without consent of persones pro- 
vvded or to be provyded to the saids Provestries and Prebendaries of Collegiat kirks 
alterages chaplanries or other Titulars of Collegiat kirks and also without consent of 
the chapter or convent of the saids prebendaries thairof or most parte of the same 
Which of befor wes in vse and custome Wheranent and anent all acts in the contrare 
his Maiestie with consent forsaid dispences for ever Eeserveing alwayes to the Titulars 
of the saids Provostries Prebendaries Alterages Chaplanries and others forsaids the 
fruits rents and emoluments of the saids Provestries rrebendaries and others forsaids 
which are nowaves preiudged be this present act It is heirby further StKtute and 
ordained with advice and consent forsaid Wher ther are any prebendaries chaplanries 
alterages or other foundations of that nature abovementioned founded and situated 
within any burgh royall of this Kingdome That the Provest Baillies and Council! of 
that burgh wher the same are founded are and shall be in all tymecomeing only 
vndoubted superioi's by whom and by no others the vassalls and tennents shall enter 
in maner abovespecifieit The saids Provest Baillies and Councill haveing been formerly 
Patrons of these Chaplanries 



CAP. 338. 

[1661, Gd^, 38.] 

Commission and Instructions to the Justices of Peace and Constables 

OUR Soverane Lord takeing to his Royall consideration how much the appointing of 
Justices of peace and constables within all the Shires of this Kingdome vuder the 
reigne of his Maiesties royall predicessours did contribute to the peace quyet and 
good government therof and to the speed io and impartial! execution of law and 

!15 



C. 338.] Charles II. 1661. 

Justice to all pereoDS subiected to their Jurisdiction and power Thairfor and for the 
furtherance of these ends in the future His Maiestie with advice and consent of his 
Estates of Parliament Doth heirby Statute and ordaine That in all time comeing ther 
shall be Justices of his Maiesties peace appointed within each severall Shire of this 
Kingdome to be nominat from tyme to tyme by bis Maiestie and his royall succes- 
sours Whiche Justices of peace are heirby impowered to administrate Justice and put 
his Maiesties lawes in execution according to the particular instructions aftermen- 
tioned videlicet 

• ••••••••• 

THE Justices of peace in each respective Shire Sail meit and conveen together four 
times in the yeer videlicet on the first tuisday of May the first tuisday of August the 
last tuisday of October and the first tuisday of March In which Sessions they shall 
administrate Justice to the people in things that are within their Jurisdiction and 
punish the guiltie for faults and crymes done and committed in the preceiding quarter 
And by mutuall and conjunct aclvice .... elect or continue constables or other 
officers and dispose of the fynes and mulcts for payment of the constables clerks and 
other officers fies .... and shall have power to continewe the said sessions or to 
adiurne the same to such dayes and places as shall be most convenient 

ANY one Justice shall have power vpon complaint of any persone being threatned and 
feareing to be wronged To bind the partie complained vpon vnder such a pecuuiall 
summe to keep the peace as he shall think fiting Asalso to commit him vntill surety be 
fund by him The said complainer alwayes giveing his oath befor the Justice that he 
hath iust cause to dread him harme And all^it no persone complaine Yet if the Justice 
be credibly informed of appearance of trouble betuixt any parties he shall bind them 
to the peace in maner forsaid except the parties declare vpon their consciences that 
neither of them bear any grudge to other and all such bonds shall be keept and 
recorded by him and he shall make deliverie of the same to the Clerk of the Peace at 
the next Sessions to be keept and registrat by him 

IF any persone being charged to make his appearance befor a Justice of Peace Shall 
refuise or delay without cause .... The Justice of Peace Shall heirby have power 
to command the next constable or in absence of a constable his oune servant or any 
other person haveing a warrand in writ subscry ved by the said Justice of Peace with 
assistance of the Cuntrie to bring any such partie befor him 

THE saids Justices shall heirby have power to proceid vpon all persons committing 
ryots and breaking the Kings Peace .... and to punish and fyne according to the 
qualitie of the cryme and the Estate of the Offender And if any of the saids persons 
being charged to compeir befor the saids Justices stiall disobay the summons bein^ 
indorsed the lawfuU citation verefied and fact proven The Justice shall punish ana 
fyne the not compeiring according to the qualitie of the cryme and estate of the 
offender And for the more cleir determination of the order which shall be keept by 
the saidis Commissioners in the deduceing of any such processe Our Soverane Lord 
with advice of his Estates Declareth That it shall be lawfuU to the saids Justices 
whensoever they have any occasion to move any action against parties for com- 
mitting any lyk fact or rvot to refer the first summons to the parties oath of verity 
failyeing of other lawfuil probation who being personally summoned by the first 
citation [sail be holden as confest And decreit to be pronuncit against him conforme 
to the lybell and sumonds And if he be not personallie sumondit by the first citation] 
The saids Commissioners shall be holden to cause summon him of new agane by a 
Second sumons at his duelling place Which tuo citations shall be as sufficient to infer 
decreit and sentence vpon the lybell against him as.if he wer apprehended personally 
And which sentence riven after the maner and forme of probation abovewritten his 
Maiestie with advice forsaid Authorizes and Sustaines as good and lawfuil in them* 
selffs .... 



116 



C. 338.] Charles II. 1661. 

THEY .... shall have power to decerne and oompell the master to mak payment 
of the fies .... incaice the servants please rather to pursue for the same befor 
them then any other Judge 

ALL .... keepers of any Gk>ales or Frissons Shall reoeave into their Frissons all such 
persons as either shall be brought by Constables or sent vnto them by warrands vnder 
the hands of any one Justice of Feace .... 

.......... 

THE saids Justices shall put in execution all acts of Farliament made against such 
persons as shall prophane the Lords day and require or levey the penalties therin- 
contained Which penalties forsaid the saids Justices are to dispose of in lyk maner 
as aforsaid 

AND at what time and whensoever one shall accuse another person or persons to be 
guilty of treason murder or other fellonie blasphemie incest or any other hynous 
crymes In such caces the saides Justice or Justices shall forthwith cause such 
person or persons to be apprehended and after inquirie made in the cause The said 
Justice or Justices if they find cause shall commit the offender to prisson or take 
sufficient baill if the case be the law be baillable and shall take the information of the 
partie accusing vpon oath .... and shall take the testimonie or deposition of the 
witnesses likewise vpon oath and bind them to give in evidence and shall also take 
the examination of the partie accused All which recognizances informations depositions 
and examinations The said Justice or Justices shall certifie to the next quarter 
session Assizes or Criminall Courts respectively To the end the Justice may proceid 
against them according to law 

• •.*•...•. 

CONSTABLES 

OUR Soverane Lord with advice of his Estates ffinds and Declares that the constables 
are to be made choise of by the Commissioners and Justices of Feace in their quarter 
Sessions throughout the whole cuntrie .... 

AND who shall refuise to accept the charge and not to give his oath for duetifull 
execution thairof shall be imprissoned and fined at the discretion of the Justices of 
peace at their next Sitting 

... ....... 

ALL constables in their respective paroches shall apprehend everie persone or persons 
that shall be guiltie and culpable of slaughter murther thift or any other culpable 
crime whatsoever and shall require his nighbours to assist for safe convoying of such 
person or persons to the next Justice of Feace who shall commit him or them, or 
take suretie according to the instructions given to the Justice of Feace in such lyk 
caces And if any person or persons shall refuise or delay to assist the constable or 
constables in executeing his or their offices such persons for ref uiseing or delaying shall 
be imprissoned or otherwayes punished by the said Justices at their sessions 

VFON the appearance of any fray or stir betuixt parties The constable shall require 
the assistance of his nighbours for sundring of the parties And if ther be any harme 
done to the constable or any of the assistants by them who made the fray they shall 
be punished by the Justices at the next Session 

WHEN any person or persons have made a fray and then flie to ane house The 
Constable or Constables mav follow to the house to open the doors Which if he or 
she should refuise he shall take notice of the master or keeper of the house and 
require witnesses theron And albeit the delinquent shall flie further without the 
bounds of the constables charge yet may the constable follow and apprehend him in 
a fresh persute and crave concurrence of the Cuntrey for that effect 

THE constables in everie paroche shall execute all such precepts and warrands as they 
shall from time to time receave from the Justices of the peace 

117 



C. 338.] Charles 11. 1661. 

.... And notwithstanding of this abovewritten act and all the particulars forsaids 
contained in the same Our Soverane Lord with advice and consent of his saids Estates 
Statuts Decerns and Declares that the erection of the saids Commissioners and 
Justices of peace and grant of Jurisdiction and priveledges to them and the makeing 
or approbation of the particular acts abovewritten introduced in their favours or any 
thing thairincontained Shall not be in any sort derogatorie or preiudiciall to the 
rights priveledges and liberties granted and bestowed by his Maiestie or his Hienes 
royall predicessors of before to any of his Maiesties subiects of whatsoever estate or 
qualitie from the heighest to the lowest But declares that the saids rights priviledges 
and liberties shall remaine in their oune integrity safe intire vnhurt or vnpreiudged 
by the premisses or any thing exprest in the saids articles and everie one of them and 
are holden as especially reserved and excepted out of the same 

IF any partie complain to a constable that he is threatened by another Then shall the 
constable apprehend the threatner and carie him with the partie complainer befor 
the next Justice of peace And if he refuise to go then shall he carie him to prisson 

WHICH all and sindrie the premisses Our Soveraign Lord with advice and consent 
forsaid Ratifies and Approves in all points in maner as the same proports And gives 
vnto them the strenth and force of acts and ordinances of Parliament and ordaines 
execution to pass vpon the same as effeirs 

[In part rep., 34-5 F. c. 48 and 6 Ed. 7 c. 38 {S.L.B.).] 



CAP. 344. 

[1661, cap. 62.] 

Act for ordering the payment of Debts betuixt Creditor and Debitor 

OUR Soverane Lord Considering how necessarie and essentiall it is to the verie being 
and flurishing of Kingdomes and Nations That ther should be a nationall confidence 
among the people themselffs and with those of other Nations with whom they have 
correspondence and trafiique abroad And that the most effectuall and propper way to 
beget cement and mantaine the same is That promises pactions obleidgements and 
debts be faithfullie performed and satisfied without which ther can be no trust and 
consequentlie no societie intercourse and commerce at home and all trade and 
traffique with other Nations will certanlie decay and cease to the irreparable losse 
rwine and discredite of the Nation .... Thairfor his Maiestie with advice and consent 
of the Estates of Parliament .... wheras the legall reversion of compriseings wes 
formerlie limited for seven yeers .... is graciouslie pleased to extend the same to ten 
yeers in all tymecomeing .... And incaice the lands and others comprised exceid in 
yeerly rent and value the annuellrent of the sums contained in the saids compriseings 
and of the expence disbursed in obtaining infeftments thervpon and the debitor shall 
desire the Creditor to possesse the lands and others comprised It shall be lawfull to 
the Lords of Session Lykas the saids Lords are heirby impowered and authorized 
vpon a supplication to be made to them by the debitor and citation of the comprisers 
To appoint the apprisers to possesse such of the saids lands and others dureing the 
legall reversion as the saids Lords of Session shall think iust and reasonable The 
saids debitors alwayes giveing possession to those who have right to the saids 
compriseings and ratifieing their possession alreadie apprehended bv them (if any 
such possession they have) of such of the lands and others as the saids Lords of the 
Session shall appoint not oeing beneath in yeerly rent and value of the annuellrents 
abovementioned Or otherwayes giveing to the Creditors (whither they have posses- 
sion or not) sufficient security at the sight of the saids Lords for payment of the saids 
annuellrents dureing the tyme forsaid The saids Lords of the Session haveing alwayes 
power to determine whither in the caces forsaids the debitor shall give surety to the 

118 



C. 344.] Charles II. 1661. 

Creditor for his annuellrents Or the debitor not being able to sive surety The creditor 
shall be obleidged to take possession of the debitors lands And if the Lords of Session 
shall appoint in the cace forsaid the Creditor to be possest for his annuellrent Then 
and in that cace the debitor shall be holden to deliver the evidents of the saids lands 
to the Creditor or transumpts therof Provydeing alwayes that the Creditors right be 
vertew of the saids compriseings be nowayes preiudged after expireing of the same 
And that the whole lands and others both such as shall be possest by debitor and the 
remanent of the lands and others contained in the saids compriseings shall pertaine 
to the Creditor irredeemably And because oftentymes Creditors inregaird they live at 
distance or vpon other occasions are preiudged and preveened hy the more tymeous 
diligence of other creditors So that befor they can know the condition of the common 
debitor his estate is comprised and the posterior comprisers have only right to the 
legall reversion Which may and doth often prove ineffectuall to them mt bein^ able 
to satisfie and redeem the prior compriseings (thair means and money being in the 
hands of the common debitor) Thairfor it is Statute and Ordained That all comprise- 
ings deduced since the first day of January one thousand sex hundreth fiftie tuo 
yeers befor the first effectuall compriseing or after but within yeer and day of the 
same Shall come in pari passu together as if one compriseing had been deduced and 
obtained for the whole respective summs contained in the forsaids compriseings And 
it is declared that such compriseings as are preferable to all others inrespect of the 
first reall right and infeftment following therevpon or the first exact diligence for 
obtaineing the same Are and shall be holden the first effectual compriseing though 
ther be others in date befor and anterior to the same And the forsaid benefite given 
and introduced heirby in favours of these whose compriseings are led within the 
tyme and in maner forsaid Is only granted and competent in the cace of compriseings 
led since the first day of January 1652 yeers and to be led after the date of thir 
presents and for personal! debt only without preiudice alwayes of ground annuells 
annuellrents due vpon infeftment and other reall debts and debita fundi and of com- 
priseings therfore of lands and others affected therwith which shall be effectuall and 
preferable according to the lawes and practick of this Kingdome now standing And it 
is also provydit that the Creditors haveing right to the first compriseing (Except as 
is above excepted) shall be satisfied by the posterior comprisers clameing the benefite 
forsaid of the whole expence disbursed by them in deduceing and expeding the said 
first compriseing and infeftments thervpon .... And his Maiestie with consent 
forsaid Doth Declare that the benefite forsaid introduced heirby anent compriseings 
shall be extendi t to adjudications for debt So that the Creditors at whose instance 
the same are obtained and those who have right to redeem the same Shall be in the 
same cace as to the benefite forsaid as if the said Adjudications for debts wer 
compriseings .... And further his Maiestie with consent forsaid Doth Declare That 
incaice any debitors have by volunter agreement betuixt them and their Creditors or 
any of them Senunced the benefite of any acts of this nature concerning debitor and 
creditor made or to be made the said agreement shall be of force and effectuall and 
shall not be preiudged heirby Without preiudice alwayes to the said debitor of the 
prorogation forsaid of the legall reversions of compriseings led and deduced against 
them and not as yet expyred Notwithstanding of the agreement and renunciation 
forsaid .... 

[In part rep., 6 Ed. 7 c. 38 (S.L.R.).] 



119 



C. 4.] Charles IL 1663, 

PARLIAMENT AT EDINBURGH, 18th June 1663. 

CAP. 4. 

[1663, cap, 10.] 

Act in favours of Minors anent the dueties of the lands comprised from them 

OUR Soverane Lord Considering the favourable condition of Minors who are often- 
tymes destitute of Tutors and Curators And though they have them Yet inrespect 
of their minority they are not in capacity or credite to raise sumes of money for 
satisfaction of their Creditors And it being vnreasonable that their Creditors com- 
prisers of their estate should dureing the not expyrein^ of the legall reversion which 
according to law continewes dureing their minority nave more advantage by their 
estate then corresponds to the annuelirent of the true sumes ouing to them by vertew 
of their compriseings Doth with advice and consent of his Estates of Parliament 
Ratifie and Approve the act of Parliament made in August 1621 cap. 6 in so far as 
the samen concemes Minors And Declares that the true meaning thairof Wes and 
is That minors haveing right to the legall reversion should be no further obleidged 
dureing their minority of tuenty one yeers of age Bot allenerlie for the annuallrent of 
the sums contained in the compriseings And that they losse not the n^ht of the 
superplus of the maills and dueties of the lands So far as the same exceids the saids 
annuellrents dureing their said minority 



CAP. 12. 

[1663, cap, 6.] 

Act anent ruinous houses in Royall Burghs 

OUR Soverane Lord being informed That vpon the heigh streits of severall of his 
Maiesties Burghs Royall and in the vennells and other passages within the samen 
Ther be many houses in the publict view of all people resorteing thairto very ruinous 
and not inhaoited these diverse yeers bygone nor likely to be repaired be any to the 
great opprbbrie of the saids burghs and common scandall of the Kingdome As being 
altogether defective of that policie and good order which is and ever hath been so 
earnestly intendit in the many wholsome and lawdable lawes alreadie made by his 
Maiestie and his Royall progenitors of most worthy memorie And finding the 
burroughs very desireous to have these many dangers and inconveniences prevented 
and remeided Which the inhabitants of these burghs and the rest of the leidges 
frequenting the same doe continowally fear from such ruinous buildings Doth therfor 
with advice of his Estates of Parliament Ordeane the Provest and Baillies of the 
burgh Wher such ruinous houses are To cause wairne and charge all persons that 
have or pretends right to the proppertie of such lands and buildings or any annuellrents 
forth therof to cause build and repair in a decent way within yeer and day such 
houses and buildings as have been waste and not inhabited three yeers befor the date 
of this present act or shall be waste and not inhabited heirafter by the forsaid space 
of three yeers Or els to sell the same to others to be builded within the same space of 
yeer and day And to charge all knoune persones personallie or at their duelling places 
and by open proclamation at the paroche Kirk or mercat croce of the burgh and all 
others by open proclamation at the said mercat croce and paroche kirk And 
incaice of their absence out of this Realme at the croce of Edinburgh and Peer 
and shore of Leith vpon threescore dayes With certification to them if they failyie 
The said Provest and Baillies shall cause the saids lands and tenements to be valued 
by certane persones to be choisen and sworne by them for that effect and sell the 
same to any persone that will buy them and pay the price of the same to these ouners 
if they be Knoune And if they be not knoune to consigne the prices therof in the 
hands of the Provest one of the Baillies or Dean of Oild of the said burgh To be 

120 



C. 12.] Charles IL 1663. 

furthcomeine to these who have interest therto And if no man will buy them It 
shall be lawnill to the said Provest and Baillies after appriseing therof as said is and 

Eayment or consignation of the prices of the same To cast doun the said ruinous 
ouses and cause build the same of new And his Maiestie with advice forsaid Declares 
That it shall not be lawfuU in tymecomeing to any maner of persone to persew them 
nor their successours thairfor nor pretend any right nor interest therto Bot that the 
said right shall be a perfect security to the builders thairof and their successours 



CAP. 31. 

[1663, cop. 21.] 

Act anent Manses and Gleibs and poinding for Ministers stipends 

OUB Soveraigne Lord .... with advice and consent of the Estates of Parliament 
.... because notwithstanding of diverse acts of Parliament made of befor diverse 
ministers are not yet sufficiently provyded with manses and gleibs and others doe not 
get their manses frie at their entrie .... Statuts and Ordains that whair competent 
manses are not alreadie built the heritors of the paroche at the sight of the Bishop 
of the Diocess or such ministers as he shall appoint with tuo or three of the most 
knowing and discreit men of the paroch build competent manses to their Minister the 
expences thairof not exceiding one thousand punds and not being beneath fyve 
hundreth merks And wher competent manses are alreadie built Ordaines the heritors 
of the paroche to releive the Minister and his executors of all cost charges and 
expences for repairing of the forsaids manses Declareing heirby that the Manses being 
once built and repaired and the building or repareing satisfied and payed by the 
heritors in maner forsaid the saids manses shall therafterl>e vpholden by the incumbent 
Ministers dureing their possession And by the heritors in time of vacancy out of the 
readiest of the vacand stipend In lykmaner Ordains that every Minister have fewell 
foggage feall and devots according to the act of Parliament made in anno 1593 As also 
that every Minister (except such Ministers of royall burrowes who have no right to 
Gleibs) have grasse for ane horse and tuo kyne over and above their Gleib to be 
designed out of kirklands and with releiff according to the former acts of Parliament 
standing in force And if ther be no kirklands lyeing neir the Ministers manse out of 
which the grasse for ane horse and tuo kyne may be designed or otherwise if the 
saids kirklands be arable land In either of these caces Ordaines the heritors to pay to 
the Minister and his successors yeerly the sume of tuenty pund scots for the said 
grass for ane horse and tuo kyne the heritors alwayes being releived according to the 
law standing of other heritors of kirklands in the said paroche And because severall 
kirks have no gleibs as vet designed to them It is heirby specially provyded that in 
all designations of Gleibs incorporat acres in village or toun wher the heritor hath 
houses and gardens the same shall not be designed he alwayes giveins other lauds 
nearest to the kirk And his Maiestie with advice forsaid for speciall causes and 
considerations Declares that this present act as to the manses is to have force As if 
the same had been made and dated the fourteinth of March one thousand sex hundreth 
fourty nyne 

[In part rep., 6 Ed, 7 c. 38 (5.L.fi.).] 



CAP. 34. 

[1663, cap, 28.] 

Commission for plantation of Kirks and valuation of Teinds 

THE Kings most excellent Maiestie being desireous to prosecute the worke of 
valuation of teinds and plantation of kirks in reference to his oune interest for the 

121 



C. 34.] Charles II. 1663. 

annuitie and the VDiversall good of his people especially for the encouragement of the 
Ministers of the Gospell Doth with advice and consent of his Estates of Parliament 
Eatifie and Approve the nynteinth act of the Parliament holden at Edinburgh by his 
Boyall father of blessed memorie in anno 1633 (entituled Commission for valuation 
of teinds) in the whole heids clauses and conditions thairof Except in so far as ther 
hath been any alterations made therin by acts and commissions made and granted be 
his Maiestie since the date of the said act or granted by any pretendit Parliaments 
since and which are ratified solved or reserved by this present Parliament and which 
alterations are not destructive of and contrary to this present act or any clause 
thairof And siclyk Eatifies and approves the sextie one act of the first Session of 
this present Parliament entituled Commission for plantation of kirks &c. In the 
whole heids articles and clauses thairof Except in so far as the same may bo contrary 
to this present act as said is And his Maiestie with advice and consent forsaid Gives 
full power and Commission to James Archbishop of St Andrewes William Earle of 
Glencairne Chancellour Johne Earle of Eothes Thesaurer Alexander Archbishop of 
Glasgow William Earle Marishall Privyseall Duke of Hammilton Marques of Montrose 
Earle of Jjawderdale Secretary Earle of Eglintoun Earle of Linlithgow Earle of 
Kellie Earle of Hadingtoun Earle of Annandale Earle of Leven Earle of Tueddale 
George Bishop of Edinburgh James Bishop of Galloway George Bishop of Dunkell 
Bishop of Aberdein Johne Bishop of Ross Kobert Bishop of Dunblane 
Bishop of Orknay William Lord Bellenden Thesaurer Deput Sir John 
Gilmoir president of the Session Sir Archibald Primerose Clerk Register His 
Maiesties advocat Sir Johne Home of Renton Justice Clerk Sir James Lockhart of 
Lee Sir John Skougall of Whitekirk Charles Maitland of Haltoun Sir Thomas 
Hammilton of Prestoun Sir Johne Wauchop of Nidrie Sir Robert ffletcher of Saltoun 
Sir Henry Wardlaw of Pittrevie William Scot of Ardross Sir Andrew Ramesay 
Provest of Edinburgh Sir Robert Murray ther Sir Archibald Sydserff Sir Alexander 
Wedderburn Sir William Thomson Johne Milne Robert Lentron Provest of St 
Andrews Mr John Paterson Provest of Pearth William Seatoun Provest of Hadin^n 
Or any fiftein of them wherof three of the Clergie three of the Nobilitie three 
officers of State three Commissioners of Shires and three of burghs Of which number 
the Archbishop of St Andrews or the Chancellour or the Thesaurer or the Archbishop 
of Glasgow or the Privy Scale or the Secretary or the Duke of Hamilton or the Earle 
of Hadingtoun or any of them being alwayes one To meit and convein at Edinburgh 
the day of one thousand Sex hundreth and sextie yeers and 

at such other place or places times and dyets as they shall appoint To value and 
cause be valued whatsoever teinds great or small personage or viccarage of whatso^ 
ever lands within this Kingdome lyable to the payment of teinds which are yet 
vnvalued Excepting always the teiths of the Archbishops Bishops and other beneficed 
persons wherof they wer in reall and actuall possession by leadeing and collecting 
the same in the yeer one thousand Sex hundreth tuenty eight and with provision 
that they be not preiudged of the fruits and rents of their severall benefices As the 
same wes possest by them anno 1637 Conforme to the Submission made by the 
Bishops to his Maiestie in the said yeer and decreit arbitrall following thervpon With 
power to the saids Commissioners or quorum forsaid to appoint subcommissionera 
conforme to the former acts and Commissions for valuation of teinds and reoeave 
reports from them And with power to them wher Ministers are not alreadie suffi- 
ciently provyded or have not localities assigned to them for their stipends out of the 
teinds within the paroche wher they serve the cure to modifie setle and appoint 
constant locall stipends to ilk minister out of the teinds of the paroche wher they 
serve the cure in so far as the same will amount to According to the quantities of 
victuall or money mentioned in the saids acts and commissions and to decide and 
proportion the saids localities And with power to disjoyne too large and spacious 
paroches to cause erect and build new Churches to dismember and annex kirks as 
they shall think just and to take order that every heritor and lyverenter shall have 
the leadeing and buyeing of their oune teinds if they be willing According to the 
rates prescribed be former Commissions Particularly by the Commission granted by 
his Maiestie with consent of the Estates of Parliament in anno 1633 With power to 
them to determine all questions concerning the prices of teinds betuixt titulars and 

122 



C. 34] Charles IL 1663. 

others haveing right therto and the heritors And to appoint such securities in favors 
of the titulars and others haveing right to the teinds for the prices to be wanted by 
the heritors payers of the valued dueties or buyers of the saids teinds and in favors 
of the Ministers as to their mantenance As the saids Commissioners shall think 
fitting According to the rule set doun in the saids former acts Namely in the said 
act anno 1633 Declareing that whair the viccarage of any paroche is a severall 
benefice and title from the personage the same shall be severally valued to the efieot 
the Titulars or Ministers serveing the cure haveing right to the said viccarage be not 
frustrat of the true worth therof And that titulars and others haveing right to the 
teinds shall not be forced to dispone any teinds valued or to be valued which shall be 
assigned disponed and allocat to the Minister serveing the cure of the paroche And 
also with power to the saids Commissioners or quorum forsaid to rectifie whatsoever 
valuations led or to be led to the enorme prejudice of the titulars and to the hurt 
and detriment of the kirk and prejudice of the Ministers mantenance and provisions 
or of his Maiesties annuitie Provyded alwayes Lykeas it is heirby ezpreslie provyded 
that whair valuations are lawfully led against all parties haveing interest and allowed 
by former Commissions the same shall not be drawne in question nor rectified vpon 
toe pretence of enorm lesion at the instance of the Minister (not being titular) or at 
the instance of his Maiesties Advocat inr^spect of his Maiesties annuitie except it be 
proven that collusion wes vsed betuixt the titulars and heritors or betuixt the proctor 
fiscall and heritors and titulars Which collusion is declared to be wher the valuations 
ar led with the diminution of the thrid of the just rent Which diminution shall be 
proven be the parties oaths And albeit all the acts in the pretendit Parliaments in the 
yeers 1640 1641 and therafter Are declared by ane act of this Parliament null and 
of no availl in all timecomeing Yet it is heirby declared that all and whatsoever 
valuations acts sentences and decreits done and past by any Commissions granted by 
the saids pretendit Parliaments with all executions vsed or to be vsed thervpon Are 
and shall be als valeid in all timecomeing As if the saids valuations acts sentences 
and decreits had been given and pronounced by persons legallie impowered to that 
efiect Any thing in the forsaid Rescissorie act to the contrary notwithstanding 
Excepting such aecreits of valuation modification of stipends or augmentations thairof 
past and granted since the yeer 1637 Wherby the saids Archbishops or Bishops are 
preiudged of any parte of their rents wherof they wer in possession in the said yeer 
1637 And although by a speciall act of this present Parliament the pretendit Parlia- 
ment holden in anno 1649 and in the begining of the yeer 1650 Is from the begining 
declared voyd and null and all that had followed thervpon Yet nevertheles his 
Maiestie doeth with advice forsaid Authorize all valuations acts decreits and 
sentences led deduced and pronunced by the Commissions one or moe appointed bv 
the said pretendit Parliament for plantation of kirks and valuation of teinds and all 
execution competent thervpon Excepting such decreits and sentences given in favors 
of Ministers for their stipends or for divydeing vniteing annexing or building of 
Kirks which shall be fund to have been vn justly or exorbitantly decerned The 
determination whairof is heirby referred by his Maiestie with consent forsaid to the 
saids Commissioners that they after heareing of parties and consideration of parti- 
culars may take such course for altering annulling or allowing of the saids acts 
decreits and sentences as they shall think fitting conforme to the lawes practick and 
custom observed preceiding the yeer 1649 And ordaines processes vpon supplications 
to be summarly granted parties being alwayes ceited And that without any reduction 
And it shall be lawfull to the saids Commissioners or quorum forsaid to proceid in 
all summons and actions to be intendit for that effect within the space of tuo yeerff 
after the first dounsitting of the Commission And wheras it may fall out that some 
pf the saids Commissioners may be vnable to attend the service through death seiknea 
or other knoune impediment Thairfor his Maiestie Declares that he shall be careful! 
to fill their places with other persons qualified whose oaths for faithfull discharge of 
the same Shall be taken by the Lord Chancellour or in his absence by the President 
of the said Commission for the tyme And Ordaines this present Commission to 
endure ay and whill the same be discharged by his Maiestie And the acts decreits 
and sentences thairof to have the force strenth and effect of a decreit and sentence 
of Parliament And the Lords of Session to grant and direct letters of horning 

123 



C. 34] Charles IL 1663. 

Poinding and others requisite in maner contained in the forsaids Commissions And 
considering that it wes the will and pleasure of his Maiesties Boyall father that all 
heritors wno should be willing to buy Should have their oune teinds at reasonable 
rates Therfor his Maiestie with advice forsaid Statuts and Ordains That all heritors 
whose teinds are not valued (excepting as is formerly excepted in this Commission) 
shall have liberty to value and buy the same at such rates as is contained in the acts 
of Parliament 1633 With power to the saids Commissioners to augment the saids 
rates according to the burden of augmentation and others sustained by the Titulars 
since the saids acts and the saids heritors to have the liberty of buyeing as said is 
within the space of three yeers after the valuation With this declaration alwayes that 
incaice the impediment dureing the time forsaid flow from the Titular by reason of 
his minority or other inability In that cace the heritor who offera himselff readie to 
buy his oune teinds within the space forsaid Shall have place so soon as the impedi- 
ment is removed to buy his teinds Notwithstanding of the expireing of the yeers and 
space above exprest And it is declared that if the heritor be minor and his Tutors 
neglect the buyeing of his teinds within the forsaid space The minor shall have action 
for tuo yeers after his minority to compell the Titular for selling of his saids teinds 
And his Maiestie with consent forsaid heirby discharges all former Commissions 
Dedareing the same to be expyred 



PARLIAMENT AT EDINBURGH, IQxn October 1669. 

CAP. 5. 

[1669, cop. 4.] 

Act concerning poinding befor the days of the charge expyre 

OUR Soverane Lord with advice and consent of his Estates of Parliament Statuts 
and Ordaines That heirafter it shall not be lawfull to poind moveables vpon registrat 
bands or decreits for personall debts whill the parties be first charged and the days 
of the charge be expyred with certification that poinding otherways vsed shall be 
null and the poiuders shall be proccidit against and punished spuilyiers .... but 
preiudice to Superiors to vse poinding against their Yassalls for their few dewties as 
they might lawfullie have done of befor 

[In part rep,, 6 Ed. 7 c. 38 {S,L,R.),] 



CAP. 7. 

[1669, cap, 6.] 

Act for the ordering of Suspensions of the Benefices and Stipends of the Clergy 

THE Kings Maiestie being carefuU That the mantenance of the Clergie be duely 
secured vnto them And that they be not withdrawne from ther charges by vnnecessar 
law sutes for recoverie therof Doth therfor with advice and consent of his Estates of 
Parliament Statute and Ordaine That no suspension shall passe in tvme comeing 
i^ainst any .... Minister of the Oospell or Yniversities and Colleges of any 
charges to be ^ven at thair instances for payment of the rents of their benefices 
stipends or colled^e rents whair they have speciall decreits against the heretors or 
possessors due ana lyable in payment therof to them Except vpon production of 
discharges or consignation of the soums charged for if the rent of the benefice or 
stipend consist in money or of one hundreth merks scots for ilk chalder of victuall 

124 



C. 7.] Charles IL 1669. 

wher the samen consists in victuall and proportionally if the victuall charged for be 
less nor ane chalder without preiudice to the Lords of Session to modifie a greater or 
less soume for the chalder of victuall As they shall find cause at the discussing of the 
Suspension And if any bill of suspension of a generall Charge Shall be presented in 
tyme of Session That the ordinary Lord vpon the bills befor the passing thairof call 
for the chargera at the bar That they may instruct the ground of the charge And in 
caice it shall be fund by the Lords of the session at the discussing of the suspension 
That either the charge hath been maliciously given or maliciously suspendit That 
the Lords modifie a fyft parte of the soum charged for of expences of plea to be 
payed by the malicious charger or suspender 

[Inj^rt rep,, 6 Ed, 7 c. 38 (-S.L./?.).] 



CAP. 14. 

[1669, cap, 9.] 

Act concerning Prescnptions 

OUfi Soverane Lord with advice and consent of the Estates of Parliament Statute and 
Ordains .... That Ministers stipends and multers not pursued for within fyve 
yeers after the same are due and lykways maills and dewties of tennents not being 
pursewed within fyve yeers after the tennent shall remove from the lands for which 
the maills and dewties are craved Shall prescry ve in all tyme comeing Except the 
saids Ministers stipends multers maills and dewties Shall be offered to be proven to be 
due and resting owing be the defenders their oaths or by a speciall writ vnder their 
hands Acknowledgeing what is resting owing And that all bargans concerning move- 
ables or soums of money probable by witnesses Shall only be probable by writ or oath 
of party if the same be not pursued for within fyve yeers after the makeing of the 
bargan And further his Maiestie with advice and consent forsaid Statuts and Ordains 
That all actions proceiding vpon warneings spulyies ejections arreistments or for 
Ministers stipends and others forsaids Shall prescry ve within ten yeers Except the saids 
actions be wakened everie fyve yeers But preiudice always of any of the saids actions 
which by former acts of Parliament are appointed to prescryve in a shorter tyme 
And also Statuts and Ordaiues That heliograph missive letters and heliograph bands 
and subscriptions in compt books without witnesses Not being pursewed for within 
tuenty yeers Shall prescryve in all tyme therafter Except the pursewer offer to prove 
by the defenders oath the verity of the saids holograph bands and letters and 
subscriptions in the compt books It is always heirby Declared That prescription shall 
not run in any of the caces forsaid against Minors dureing the yeers of their minority 

[In part rep,, 6 Ed, 7 c, 38 {S,L,B.).] 



CAP. 15. 

[1669, cap, 10.] 

Act concerning Interruptions 

OUR Soverane Lord with advice and consent of the Estats of Parliament Statuts 
and Ordains That all interruptions as to the rights of lands be citations Shall in all 
tyme heirafter be execute be Messingers at Arms and against the defenders personally 
or at their duelling places and at the paroch Churches in tyme of divine service or 
immediatly therafter And in caice the parties be furth of the Kingdom At the mercat 
croce of Edinburgh and peir and shore of Leith vpon threescore days And that all 
citations that shall be made vse of for interruptions whither in reall or personall rights 

125 



C. 15.] Charles IL 1669. 

be renewed everie seven yeers otherwise to prescryve Except the parties be minors In 
which cace this act is not to be extendit against them dureing the yeers of their 
minority 



CAP. 37. 

[1669, cap. 16.] 

Act for repairing High ways and Bridges 

OUR Soverane Lord .... Doth Appoint and Ordain .... the Justices of Peace 
in each Shyro .... to visite the ferries in ther Shire And wher the ferries ly 
betuixt tuo Shyres That they correspond with the Justices of the other Shyre to the 
end they may appoint fit and sufficient boats and convenient landing places And so to 
regulate all things concerning the ferries As his Maiesties leidges may be readily and 
conveniently served and at reasonable rates And to punish all such as shall neglect 
or transgress the rules set doun be them for the effect forsaid .... 

[In part rep., 6 Ed. 7 c. 38 (S.L.R.).] 



CAP. 38. 

[1669, cap. 17.] 
Act anent inclosoing of Ground 

WHERAS by the fourty one act of the first Session of his Maiesties first Parliament 

Entituled Act for planting and incloseing of ground It is provyded that whair inclosers 

fall to be vpon the borders of any mans inheritance The next adjacent heretor shall 

be at equall pains and charges in building ditching and planting that dike which 

divyds their inheritance And the Estates of Parliament Considering the inconveniency 

and difficulty the execution of that parte of the said act may meit with in lands 

marchins together wher the marches are crooked and vnequall Or wher any parte of 

the bordering ground is vnfit or incapable of bearing a dyk or receaveing a ditch or 

hinders the compleiting of the inclosure in ane equall line For remeid whairof his 

Maiestie with advice and consent of the saids Estates Doth Statute and Oixlain That 

whensoever any person intends to inclose by a dike or ditch vpon the march betuixt 

his lands and the lands belonging to other heretors contiguous thervnto It shall 

be leisum to him to require the next SbirrefTs or bailliffs of Regalities Stewarts of 

Stewartries Justices of Peace or other Judges ordinar To visite the marches alongst 

which the said dyke or ditch is to be drawne who are heirby authorized when the 

saids marches are vneven or otherways incapable of diteh or dike To adjudge such 

parts of the one or other heretors ground as occasion the inconveniency betuixt them 

from the one heretor in favours of the other So as may be least to the prejudice of 

either party And the dike or ditch to be made To be in all tyme therafter the 

common march betuixt them And the parts so adjudged respective from the one to 

the other being estimat to the just availl and compensed pro tan to To decerne what 

remains vncompensed of the price to the party to whom the same is wanting And it 

is heirby Declared That the parts thus adjudged bine inde Shall remain and abyd 

with the lands or tennendries to which they are respective adjudged as parts and 

pendicles therof in all time comeiug 



126 



C. 39.] CJuirles 11. 1669. 

CAP. 39. 

[1669, cap. 18.] 

Act Anent Adjudications 

OUli Soverane Lord Takeing to consideration That by severall acts of Parliament 
and constant practick of the Kingdom Ther is one yeers rent of all lands annuellrents 
or others apprised due and payable to the Superior of the saids lands and others befor 
he be holden to enter and infeft the comjpriser And that ther is the same reason in 
caces of Adjudications as Appriseings Thairfor his Maiestie with advice and consent 
of the Estates of Parliament otatuts Ordains and Declares That the Superiors of lands 
annuellrents and others adjudged shall not be holden to grant any Charter for 
infefting the adjudger Till sucn tyme as he be payed and satisfied of the yeers rent 
of the lands and otners adjudged in the same maner as in compriseings And declares 
That in all caces adjudications shall be in the lyk condition with compriseings As to 
the Superiors 



CAP. 95. 

[Not in l2mo Ediiian,] 

Ratification in favours of the Lord Lyon King at armes &c. 

OUR Soverane Lord with advice and consent of the Estates of Parliament Ratifies 
and approves the fourtie sext act Parliament elevent of his Maiesties wmquhill dearest 
grandfather King James the sext of ever glorious memorie In the haill heids articles 
clauses and circumstances therof And particularly without prejudice of the generality 
forsaid that parte of the said act wherby the Lyon King at armes is authorized to 
hold tuo peremptor courts in the yeer One vpon the sext day of May and the other 
vpon the sext day of November yeerlie if they be lawfull and failyeing therof the 
next lawfull days therafter And to depryve all messingers and officers being fund 
culpable in the administration of their offices As also the cautioner to incurre the 
pain wherof the third parte shall apperteane to the Lyon And for the further cleiring 
of the said act his Maiestie with advice and consent forsaid Doth Statute and ordeau 
that the said Lyon King at armes shall have full power and jurisdiction to decerne the 
cautioner alswell as the Messinger being fund culpable as said is con forme to their 
bands of cautionrie to pay such soumos of money to the parties leised and wronged 
as they shall be fund to have bein damnified in by the male administration of the 
messinger or officer who shall be fund culpable as said is As also his Maiestie with 
advice and consent forsaid Ratifies and Approves the 125 act tuelff Parliament of his 
Maiesties said dearest grandfather King James the sext And ordaines letters of 
homing on sex days charge only to be direct vpon the saids acts at the instance of the 
said Lyon King at armes and his successors for putting the saids acts and all the 
branches therof to further and better execution Together also with the gift and 
signature past and exped be his Maiesties wmquhill dearest father King Charles the 
first of ever glorious memorie To and in favours of the Lyon King at Armes and 
his breethren heraulds and pursevants their Clerk of Court and thair successors dated 
at Halyrudehous the tuentie sevent day of Juuii 1633 yeers with all the priveledges 
emoluments and casualties thairin contained And that als fully and amplie in all 
respects as if the particular priveledges therin insert wer heirin verbatim expressed 
and wer granted to the said Lyon and others therin compreheudit by a particular act 
bearing originally the saids concessions and priveledges 



127 



a 2.] Clmrles II 1672. 

PARLIAMENT AT EDINBURGH, 12tii june 1672. 

CAP. 2. 

[1672, cap, 2.] 

Act Concerning Pupils and Minors and their Tutors and Curators 

OUR Soveraigne Lord Considering the great prejudice and inconvenience befalling to 
pupills and otners who cannot provide for or defend themselvis That their Tutors or 
Uurators have immediat access to their Charter-Chests writes Evidents and securities 
of their lands sumes of money and others belonging to them which they may imbezle 
suppress or by collusion give vp to their debitors or vther pairties interessed without 
just satisfaction Or otherwise having gotten satisfaction their is noe mean by which 
a charge can be maid vp against the saids Tutors and Curators but themselvis when 
they are brought to ane accompt make both their owne charge and discharge And 
incase of their decease they who succeid to them for the most pairt can have no 
charge maid vp against them at all For Remeid Wherof His Majestic with advice 
and consent of his Estates of Parliament Statuts Ordaines and Declaires that no 
Tutor or Curator of any Pupil Minor Idiot or furious persone to be named or 
designed in any tyme comein^ or who is not actually Stated and entered in the said 
office shall have power or authoritie to exercise the said office of Tutor or Curator 
or to meddle with the writes Evidents Meanes and Estates of the saids Pupills Minors 
Idiots or furious persones untill first ane Inventar be maid vp in maner aftirspecefeit 
by the saids Tutors and Curators with advice and consent of the neirest of kin on the 
fathers side and the neirest of kin on the mothers side who shall be Majors and within 
the Kingdome for the tyme Which Inventar shall be subscry ved by the saids tutors 
and curators and the saids neirest of kin and one subscry ved double therof keiped by 
the saids Tutors and Curators another by the neirest of kin on the fathers side and 
the thrid by the neirest of kin on the mothers side All which subscribed duplicate 
shall be judiciallie produced befor the judge ordinar of the place where the Pupill 
Minor Idiot or furious persone their cheifif residence is And ane act maid vpon pro- 
duction therof Beiring the production of the Inventar and expressing the names of 
the persones subscribers therof and in whose custodie the same are left and that the 
duplicats be also subscribed be the Clerk of Court that they may not be altered ther- 
aftir And in case the neirest of kin on both sides will not concurr in makeing vp the 
Inventar in maner forsaid the saids Tutors and Curators shall raise summonds at their 
instance befor the saids judges ordinar respective for sumonding the neirest of kin 
that are Majors and within the Countrey vpon either side for decerning them to 
concurr in makeing vp of the said Inventar in maner forsaid And in case they Com- 
peir not or doe not concurr as said is With certification the said Inventar shall be 
maid vp by the said Tutor or Curator with advice and consent of the Judge Ordinar 
Or anv whome he shall delegate or appoint who shall subscribe three duplicats of the 
said Inventar with the saids tutors or Curators Whervpon a Judiciall act shall be 
maid and the Duplicats subscryved by the Clerk in the same maner as if the neirest 
of kin had concurred and a Duplicat therof shall be keiped by the saids tutors and 
curators and the vther tuo Duplicats shall remain in the Clerks hands to be delivered 
to the neirest of kin on the father and mothers side being closed vp and sealled by 
the saids Tutors or Curators and the persone Delegat for making the said Inventar as 
said is Which Inventar shall contein the names and designations of the lands belonging 
to the pupills Minors and vthers forsaids and the Bands Compts and tickets due to them 
and soumes therincontained and their moveables als weill heirshipe moveables as vther 
moveables And incase that theraftir any vther lands debts soumes of money or vther 

Soods and geir whatsoevir belonging or that may happin to belonge to the saids pupills 
linors Idiots or furious persones shall come to the knowledge of the saids Tutors or 
Curators soe that they may attaine to the possessioun therof In that case and within 
the space of two moneths aftir they attaine to the possessioun of the samine They 
shall eike the same to the forsaid Inventar and make a judiciall Act thervpon in the 
hands of the Clerk of Court where the principall Inventar was maid and shall leave 

128 



C. 2.] Charles 11. 1672. 

two duplicaU of the said eik or eikes one or moe sealled as said is in the hands 
of the said Clerk for the vse of the neirest of kin as said is And It is heirby further 
Decbtired That the Debitors of the pupils Minors Idiots or furious persones shall not 
be obleidged to make payment to the Tutors or Curators of the saids persones of any 
soumes due by them vnless the said Tutor or Curator show to the saids debitors that 
the soumes or goods demanded from them are contained in the saids Inventars or eeks 
subscribed by the saids neirest of kin or by the Clerk of Court in manor respective 
forsaid And It is heirby further Declaired that if the saids Tutors or Curators shall 
failvie in making vp the saids Inventars and Eikes in maner abovewrittin They shall 
be fyable both for intromission and omissioun and shall have no allowance or defalca- 
tion of the charges and expenses waired out be them in the afifaires of the saids 
Pupills Minors Idiots or furious persones and shall be removeable from their office as 
suspect Tutors and Curators if they faill in making vp the Eiks from tyme to tyme 
in maner forsaid It is alwise heirby Declaired that this act shall not prejudge Pupills 
Minors and vthers persones afoirsaid to charge their Tutors or Curators with what 
it can be maid appear they have intrometted or might have intrometted with over 
and above what is contained in the Inventar And ffurther His Maiestie with advice 
and consent forsaid Statuts and Ordaines That all Giftes of Tutorie that shall be 
granted heiraftir by his Maiestie or his Exchequer shall proceid vpon citation of the 
minors neirest of kin on both sides at the instance of the Cravers of the saids gifts 
That they may be hard if they have any thing to say against the persone to whome 
the gift is to be granted or vpon consent first obtained therto vndir the hands of the 
said neirest of kin And Oraaiues that the said Gifts shall beir expressly that the 
neirest of kin wer cited or consented to the passing of the said Gift's Certifying all 
who shall procure giftes of Tutory or Curatory forsaids without citation or consent 
of the saids neirest of kin or where the samine is not expresly mentioned therin that 
these gifts shall be Declaired null and void be way of exceptioun or action at the 
instance of any persone who shall obtaine a gift of the saids Tutory or Curatory 
Conforme to the tennor of this present act 



CAP. 6. 

[1672, cap, 6.] 

Act Discharging Second Summonds &c. 

. ... it is ... . Statute and Ordained that in tyme comeing all executions of 
summonds shall beir expressly the names and designations of the pairties pursuers 
and defenders And that it shall not be sufficient that the same doe relate generally 
to the Summonds otherwise the excutione shall not be sustained 

[In part rep., 6 Ed. 7 c. 38 {SX.R.).'\ 



CAP. 16. 

[1672, cap. 7.] 

Act concerning writs passing the great and privie Sealls 

THE Kinffs Maiestie .... With advice of his Estates of Parliament .... vndir- 
standing the great trouble and inconveniencies occasioned by the wreatting of long 
Charters and vther wreatts which pas the sealls afoirsaid in one broad parchement 
of soe great lenth and largenes that they can hardly be read Doth for remeid therof 
.... Statute and Ordaine that it shall be frie to anv persone who hath any Charter 
or wreatt to be wreatten for the great or privie sealls to choice whither to have the 
S.A. 129 9 



C. 16.] Charles IL ' 1672. 

same written in a broad skin of parchment as formerlie or to have them wreattin by 
way of a booke in leaves of parchment aboute the breadth of ane ordinary aheat of 
paper and aocordinglv the Writers to the great and privie sealls are heirby Ordained 
to write and exped the same And if they shall be written in the way of a booke that 
each page be signed and marked by them as said is Which being done the respective 
sealls are to be appended thereto in maner following videlicet To such as shall be 
written on a skin of parchment in the ordinary way That the sealls be appended as 
formerlie And to these which shall be written in the booke way That the sealls be 
appended vpon a tye or band which is to goe thorow all the Leaves in the Margine 
And that for doing heirof this shall be a sufficient warrand to all persones concerned 

[In pari rep., 6 Ed, 7 c. 38 {S.L.R.).] 



CAP. 24. 

[1672, cap. 13.] 

Act for the Ann due to the Executors of ... . Ministers 

THE Kines Maiestie judgeing it necessary for the good of the Church that such a 
stated and eauall course oe taken for clearing and secureing the Ann due to the 
executors of deceast .... Beneficed persones and Stipendiary Ministers as may be 
suitable to the Interest of the Executors and noe discouragment or hinderance to the 
planting of the vacant Benifices Doeth therfor with advice and consent of his Estates 
of Parliament Statute and Ordaine that in all such caices hereaftir the Ann shall be 
ane halfe yeires rent of the benefice or stipend over and above what is due to the 
defunct for his incumbency Which is now Setled to be thus videlicet if the incumbent 
survive Whitsunday there shall belonge to them for their incumbency the halfe of 
that yeires stipend or benefice and for the Ann the other halfe And if the incumbent 
survive Michaelmes he shall have right to that whole yeirs Rent for his incumbency 
and for his Ann shall have the halfe yeirs rent of the following yeir And that the 
executors shall have right hereto without necessity or expenses of a confirmation 



CAP. 39. 

[1672, cap. 15.] 

Commission for plantation of Kirks and Valuation of Teinds 

FORASMUCH as his Maiesties father of evir blissed memorie out of his Royall care 
and Zeall for the reformed religion within this Kingdome and the maintenance and 
provision of the ministry and Churches therof and the peace of the Kingdome and 
for preventing and setling all questions and differences that did or might arise betuixt 
Titulars and others havineright to teynds and heritors concerning the leading and 
drawing of their teynds Did immediatlie aftir his atteining and succeiding to the 
Croune Give furth and emitt his Rovall Declaration anent the premisses and the 
other particulars therinmentioned And in the pursuance of the ends forsaids diverse 
Lawes and Acts of Parliament wer maid in the yeir of our Lord 1633 His said 
Maiestie being present in his Royall persone and since diverse acts of Parliament and 
Commissions have bein from time to time Maid Given and Renewed to that purpose 
And yet by reassoun of the unhappy troubles and distractions of the laite times that 
good and necessary worke neither is nor could be throughlie and fully accomplished 
And his Maiestie oeing resolved and desireous to prosecute soe good a worke for the 
vniversall good of his subjects and speciallie for the encouragment of the Ministers of 
the Gospel! Therfor his Maiestie with advice and consent forsaid Gives full power and 
Commission to his Maiesties officers of Estate for the tyme being And to the Aroh« 

130 



C. 39.] Charles II. 1672. 

Bishope of Sainct Andrews the Arch-Bishope of Glasgow the Bishope of Edinburgh 
the Bishope of Dunkelden the Bishope of GaUowav the Bishope of the isles the Bishope 
of Breichin the Bishope of Dumblane and the Bishope of Aberdein for the Clergy The 
Duke of Hamilton The Earle of Argyll The Earle of AthoU the Earle of Linlithgow 
the Earie of Queinsberrie the Earle of Tueedale the Earle of Kincairdin the Earle of 
Dundonnald and the Lord Elphingstoun for the nobilitie The President of the Session 
the Lord Colingtoun the Lord Grasfoord the Lord Craigie the Laird of Niddrie the 
Laird of Nioolsone the Laird of Balcaskie Sir Charles Erskine of Cambo and Sir 
William Lockhart for the Barrons Sir Andrew Bamsay Sir William Thomsone Sir 
William Sharpe Sir Alexander Bruce John Murray tutor of Stormonth Robert Milne 
Thomas Calderwood William Bining and John Johnstoun of Poltoun for the Burgessis 
Or any Eleven of them wherof two of the Clergy two of the Nobilitie two officers of 
Estate and two Commissioners of Shires and two of Burghs Of which number the 
Archbishope of St Andrews or the Lord Chancellor or one- of the Commissioners of 
the Thesaurarie or the Archbishope of Glasgow or the Lord Privie seall or the Lord 
Secretary or the Duke of Hamilton or the Earle of Tueedale being allwayes one To 
melt and convein at Edinburgh the day of yeirs And at such other place 

or places times or dyete as they shall appoint To value and cause be valued whatso- 
evir teynds great or small personage or viccarage within this Kingdome which are yet 
unvalued Declaireing that where the viccarage of any Parishe is a severall Benefice 
and Title from the Parsonage the same shall be severally valued to the effect the 
Titulars or Ministers serving the cuire having right to the said viccarage be not 
frustrated of the true worth therof With power to the saids Commissioners or quorum 
forsaid to appoint Committees or Sub-committees of their owne number and to grant 
Sub-Commissions and to receave reports from them and to approve or disapprove the 
same as they shall find just and to rectifie whatsoevir valuations led or to be led to 
the enorm prejudice of the Titulars or the hurt and detriment of the kirk and pre- 
judice of the Ministers maintenance and provisions Provided allwayes Lykeas it is 
beirby expresly provided that where valuations are lawfullie led against all pairties 
having interest and allowed by former Commissions The same shall not be drawne in 
question nor rectified vpon pretence of enorme lesion at the instance of the minister 

aot being titular) or at the instance of his Maiesties advocat in respect of his 
aiesties Annuitie Except it can be proven that collusion was vsed betuixt the 
Titulars and heritors or betuixt the procurator fiscall and heritors and titulars Which 
collusion is Declaired to be when the Valuations are led with the diminution of the 
thrid pairt of the just Bent Which diminution shall be proven by the pairties oath 
And with power to the saids Commissioners or Quorum forsaid where ministers are 
not alreadie sufficientlie provided or have not locallities assigned to them for their 
stipends out of the teynds within the paroche where they serve the Cuire in soe fare 
as the samyn will amount to according to the quantities proportions and rules con- 
tained in the ninteinth act of the Parliament in anno 1633 To modifie settle and 
appoint constant locall stipends to ilke minister out of the teynds of the Parish where 
they serve the Cuire With power also to grant recompence by prorogation of tackes 
to pairties for the augmentation of stipends which shall be imposed suteable to the 
said augmentation as the saids Commissioners shall think just And Siclyke with 
Power to Disjoyne too large and spacious parishes to cause erect and build new 
Churches to dismember and annex kirks as they shall think convenient And to take 
order that every heritor and liverenter shall have the leading and buying of their 
owne teynds if they be willing according to the rules prescribed by the nynteenth act 
and commission minted be his Maiestie with consent of the Estates of Parliament in 
anno 1633 and the acts of Parliament therinmentionat With Power to determine all 
questions concerning the prices of teynds betuixt Titulars and others having right 
therto and the Heritors And to appoint such securities in favours of the titulars and 
others having right to the teynds for the prices to be granted be the heritors or 
others lyable in payment of the valued dueties or Buyers of the saids teinds and in 
favours of the ministers as to their maintenance as the saids Commissioners shall 
think fitting according to the rules sett doune in the said Act in anno 1633 And the 
Heritors to have lib^rtie to buy the teynds of their lands which are not valued 
within the space of thrie yeirs aftir the dait of this act With this Declaration 

131 



C. 39.] Charles IL 1672. 

allwayes that m case the impediment dureing the time forsaid flow from the Titular 
by reasoun of his minoritie or other inabilitie in that case the Heritor who offered 
to buy his owne teind within the space forsaid shall have place soe soone as the 
impediment is removed to buy his teynds Notwithstanding of the expyreing of the 
veirs and space above exprest And it is Declaired that if the Heritor be minor and 
his tutors neglect the buying of his teynds within the forsaid space The minor shall 
have action for two yeires aftir his minoritie to compell the Titular to sell his saids 
teynds And generallie with Power to the saids Commissioners to decide and determine 
in all other pointes which may concerne the leading and drawing the teynds the 
selling or buying of the same or payment of the rates therof contained in the acts 
of Parliament or sett doun in the generall determination given out by his Maiesties 
royall father of blessed memorie And if anie persone or persones shall find themselvis 
grieved and complean of the injustice or exorbitancy of any decreits and sentances 
given in any of the Commissiouns dureing the late troubles With Power to the saids 
Commissioners to take the same to their consideration and to alter annul! and allow 
the saids Decreits and Sentances as they shall find just And it is allwayes Provided 
and Declaired that Arch-bishopes and bishopes and other beneficed persones being 
Ministers and their successors shall not be prejudged of the Bents wherof their pre- 
dicessors wer in actuall and reall possessioun and which by the lawes of the Kingdome 
wer due to them in anno 1637 And that they shall be no farder bound bot according 
to the Provisiouns and conditiouns exprest in the Submissions maid by the Bishopes 
to his Maiesties Boyall ffather of blissed memorie which is of the dait the day 

of 1628 yeires and registrat in the bookes of Commission for surrenders and 

teynds vpon the 15 day of July 1631 And wheras it may fall out that some of the 
saids Commissioners may be vnable to attend the Service throwgh death sicknes or 
other knowne impediment Therfor his Maiestie Declaires that he shall be carefull to 
fill their places with other Persones qualified whose oathes for faithfull discharge of 
the same shall be taken by the Chancellor or in his absence by the president of the 
Commission for the time And Ordaines this present Commission to endure ay and 
while the same be discharged by his Maiestie and the Acts Decreits and sentances 
thereof to have the force strenth and effect of a Decreit and Sentance of Parliament 
And the Lords of Session to grant letters of horneing Poynding and others requisite 
in maner contained in the forsaids Commissions And nis Maiestie with consent forsaid 
hereby Discharges all former Commissions Declairing the same to be expyred 



CAP. 40. 

[1672, cap, 16.] 

Act concerning the Begulation of the Judicatories 

THE Kings Maiestie being Desireous that the publict Judicatories of this Kingdome 
might be soe regulat that all abuses which had or might probably creep into the same 
be redressed and prevented and that the best most summar and equall way of bringing 
and calling of Processis for Dispensing of Justice should be setled as his subjects 
might be releived and secured against oppression and exactions and that justice might 
be administrat to them with expedition and as litle trouble and charge as may be Did 
by a Commission vndir the great seall of the 21 September 1669 Authorize some 
Noblemen and others of his privie Councill and Session to consult settle and sett 
doune such Bules and Orders as they should judge necessary for these ends And to 
returne ane accompt of their proceidings to his Maiestie that He might take such 
course therein as in his Boyall wisdome he should think fitt In obedience wherunto the 
Commissioners having had severall meitings and consulted on the best and reddiest 
wayes for the prosecution of his Maiesties royall intention for the good and ease of 
his subjects and finding the same to be of such importance as required a longer time 
to make a full settlement therin Yet in the moneth of March 1670 they agried unto 
oondiscended vpon and did returne to his Maiestie certain rules and articles of 

132 



C. 40.] Charles IL 1672. 

Regulation without prejudice of what vpon furder Consideration they should theraftir 
offer for a full setlement And his Maiestie haveine Considered these Rules and 
Articles Did by his Royall Allowance of the fourth of Junij 1670 Ratifie and Approve 
the same and did Ordaine them to be duely observed in all tyme comeing And the 
Commissioners having since that tyme keeped severall meitings and taken that affair 
into their furder Consideration have resolved vpon some other Articles Rules and 
Amendments which being joyned with the former and again offered to his Maiesties 
Consideration His Maiestie doeth with advice and consent of his Estates of Parlia- 
ment Ratifie and Approve the same And Ordaines them to be recorded in the bookes 
of Parliament and duly observed by all his Maiesties Subjects Of the which Articles 
the Tenor foUowes 

Concerning the SESSION 

1. SEING a great pairt of the trouble and expences of the Leidges in obtaining of 
justice in their Causses is occasioned throw the uncertantie of their attendance vpon 
processes depending befor the Lords of Session wherby not knowing any certain tyme 
at or about which their processes will be called they are necessitat to wait on the 
most pairt of the time of the Session dureing the dependence of their processes Or 
otherwayes to be absent when the same are discussed That therfore all processes shall 
be discussed and determined as the pairties are in reddines and do call for justice aftir 
the same have bein sein bv the defendars advocats and are returned by them .... 
And that bookes of Enrollment be maid for enrolling the said processis according to 
the daits of the returnes that therby notice may be timeouslie given to all pairties 
having interest in the process how far the Lords of Session are advanced in discussing 
and determining processis according to the saids Rolls that the pairties may be 
present when their processis will fall in to be discussed and determined in their course 
as they stand in the rolls and may in the meane time rest quiet and secure that their 
rights and interests will not be decyded when they cannot know to be present which 
cannot be attained unles all priviledges wherbv any cause can be called otherwayes 
then according to its due course in the saids rolls be laid aside .... 

{Art. 1 in part rep., 6 Ed. 7 c. 38 (S.L.R,),] 

[Arts. 2-17 rep., 6 Ed. 7 e. 38 {S.L.R.).] 

18. THAT where Decreits are past befor inferior Courts and craved to be suspended 
if the reasouns proceid not on iniquitie bot vpon alledgeance that the Decreit was in 
absence soe that the Craver of the Suspension hath nevir appeared or hath not con- 
tinowed to defend while there was noe un justice done then and in that caice he shall 
be obleidged at the passing of the bill of suspension to consigne in the hands of the 
Clerk of «ie Bills such soumes for the expences of the pairtie as the passer of the Bill 
shall appoint according to the importance of the Cause and the distance of the partie 
which shall be given vp to the pairtie Charger if the Suspender hath not Compeired 
or continowed to defend befor the inferior court as said is and that imediatlie at the 
calling of the cause to be discussed when the Compearance in the decreit may appear 
unles the suspender improve the executions of the summons whervpon the decreit did 
proceid 

19. THAT Decreits in foro contradictorio befor the Lords of Sessioun be not again 
suspended vpon reasouns competent to have bein proponed or which wer repelled in 
the former Decreit And to the effect it may be knowne with the least expence what 
Decreits are in foro That the Keeper of the minute booke make vp a Booke of the 
Decreits in foro according as the same shall each day be given in to him by the Clerks 
expressing the names of all the defenders for whome their is Compearance . . . . 
And where there is once Compearance for any pairty and Defences proponed the 
Decreit shall be holdin as done in foro and all the dispute proponed by the Advocats 
shall be insert therin Albeit the advocat theraftir past from his Compearance .... 

[Art. 19 in part rep., 6 Ed. 7 c. 38 (S.L.R.).] 

[Arts. 20-24 rep., 6 Ed. 7 e. 38 (S.L.R.).] 

133 



C. 40.] Charles II 1672. 

25. THAT because Processis are very mach lengthened by the longe runing of 
ordinary and incident diligence and terms for production in Reductions and improba- 
tions ffor remeid wherof in tyme comeing there shall onlie be two diligences 
against Witnessis one by horneing and another by Caption and there shall be noe 
incident diligence sustained ypon acts bot where the same is craved and allowed at 
the pronunceing of the Act and expressed therin which shall proceid against the 
alledged havers of the writs first by horneing charging them to compear and produce 
vpon oath and next by Caption in case they doe not compear and depone and that 
there be onlie one terme for production in single reductions and two in improbations 
And that the clerks insert noe reservations in acts for production bot that all excep- 
tions competent befor production be discussed before assigning of termes 

[Arts. 26-30 r^., 6 Ed. 7 c. 38 (S.L.R,).] 

31. IN respect severall persones being neither Advocats nor Advocats servants doe 
take vpon them undir the name of Agents to medle and negotiate in processes who 
are found to be of noe vse but burdensome to the Leidges That hereaftir all the 
Agents be debarred the house and not permitted to negotiat in or mannage processes 
and recommends to the Lords of Session to sie the same punctuallie observed 

32. THAT the Keipers of the generall registers of horneings and Inhibitions and of 
Seasings and Beversiouns as also the Keipers of these Bolsters in the severall shires 
in tyme comine be oarefuU to booke all horneings Inhibitions Interdictions Seasings 
Beversions ana others registrat by them And that they make exact minute bookes 
relateing to the saids Registers these of horneings Inhibitions and Interdictions con- 
taining the names Sirnames and designations of the Parties principall and Cautioners 
And these of seasings Reversions and others appointed by the act of Parliament to be 
registrat in that Re^ster containing the names and designations of the pairties and 
the common designation of the Lordshipe Barronj^ or Tennendrv of the severall lands 
mentioned in the writ And that the Clerk of Register or any whome he nhaXL appoint 
every quarter of the yeir compare the minut bookes with the generall Registers and 
subscribe the Minute bookes at the collationing of the same And in the severall shires 
that the Shirreff Bailliff of the Regalitie or Royaltie or their deputes (with whome any 
two of the Justices of peace to be nominat by the whole meiting are allowed to be 
present) be anpointed quarterlie videlicet vpon the first Tewsdayes of ffebruary May 
August and November to call for and take inspection of the saids Registers and of 
the minute bookes relateing therto and after collationing of the same that they with 
the saids two justices of peace if they be present subscribe the minute booke Certifieing 
the saids shirrefs and baillifTs if they doe not meit and compare the saids Reeisters at 
the severall times abovespecified They shall be lyable in the penaltie of One Hundred 

Kunds scots for ilke failyie And Certifieing the Clerks if they shall not have the 
okes in reddines at the forsaids times or if anie horneings Inhibitions Seasings 
Reversions and others forsaids then in their hands shall not be registrat in the bookes 
they shall incurr the pain of deprivation and be lyable in payment of the pairties 
damnage .... And that all horneings and Inhibitions registrat in the shires be 
marked by the Keipers therof Conforme to the 21 act of the Parliament 1600 vndir 
the pains afoirsaid And that in the interim betuixt the collationing of the Bookes the 
Clerks shall be obleidged to keip a private minute booke for their own vse quhairin 
they are to insert a Note of all horneings Inhibitions Interdictions Seasings and 
Reversions as they are given in to be registrat And incase any be ommitted out of 
that minute-booke they shall incurr the pain of deprivation and be lyable to pay the 
pairties damnage Whilke minute bookes respective forsaids alswell for the space of 
lourtie ^eires bygone as in tyme comeing the Clerk shall be obleidged to make patent 
to all his Maiesties leidges whensoevir they shall desire to sie the same .... 

[Art, 32 in part rep., 6 Ed. 7 e. 38 (S.L.R.).] 

[Art. 33 rep., 6 Ed. 7 e. 38 {S.L.R.).] 

134 



C. 40.] Charles II, 1672. 

Concerning the JUSTICE COURTS 

SEINO Causses Criminall are of the greatest importance and may extend to the lives 
and liberties of any of his Maiesties Subjects and their persones and fortunes And 
Seing the punishment of Crimes is of the greatest consequence for the safety and 
security of his Maiesties persone and authoritie and the reace and Quietnes of the 
Kingdome And therfor matters Criminall ought to be determined in the most solemn 
exact and regular way that the Loyall and Innocent may be in full security and 
offenders may be punished either in the most publict places of the Kingdome or in 
the Places where the Crimes have bein committM to terrific others from the like That 
whereas formerlie assessors from time to time wer appointed to the Justice generall 
in matters of Importance which being ambulatory cannot be soe convenient as if all 
the members of that Court wer setled and choysen by his Maiestie of fitt persones 
who might make it their worke to make a just and constant procedure in matters 
Criminall 

I. FOR that effect that .... the Lords of Session be joyned to the Justice-Qenerall 
and Justice-Clerk and all of them invested with the same and equall power and Juris- 
diction in all Criminall Causes That the Justice-Qenerall being present preside and in 
his absence the Justice Clerk and in absence of both that tnese present elect one of 
their number to preside .... 

[Art. 1 in part rep., 6 Ed. 7 e. 38 (S.i.i?.).] 
[ArL 2 rep., 6 Ed, 7 c. 38 (&L.B.).] 

3. THAT the persons to pas vpon Assizes be listed and their names and designations 
insert in ane Roll to be signed by the saids Judges or their Quorum 

4. THAT for the splendour of that Court all the Judges sitt in red robes faced with 
white that of the Justice Qeneralls being lined with Ermine for distinction from the 
rest 

[Art. 5 rep., 6 Ed. 7 c. 38 (S.L.B,).] 

6. THAT it be left and recommended to the Judges of that Court to rM;ulat the 
inferior oflScers therof and order every other thing concerning the said (x)urt 

7. THAT a convenient roome be appointed for their meltings Benches for the Judees 
a place for the Justice ^nerall more eminent then the seats of the other Judges That 
the Advocats Clerk Assize and Panuells have distinct places appointed to them 

8. THAT the Clerk of the Court nor noe other persone be present with the Assiie 
aftir they are inclosed 

[Art. 9 rep., 6 Ed. 7 c. 38 (AL.jB.).] 

10. THAT in all criminall persuits the defender or his Advocats be allwayes the last 
speaker except in cases of Treason and Rebellion against the King 

II. THAT when any Criminall libell or Summons of Exculpatione are given and 
execute against any pairty that at the same time Lists of the witnessis to be adduced 
for proveing of the said lyboll and summons .... be also given to them To the 
effect the Party may know what to object against the saids witnassis .... and may 
take furth diligences for summoning of witnessis for proving of their objections why 
any contained in the saids Lists should not be admitted to be a witness .... 

[Art. 11 in part rep., 6 Ed. 7 c. 38 (S.L.B.).] 

Concerning the EXCHEQUER 
[Arts. 1-4 rep., 6 Ed. 7 c. 38 (S.LR.).] 



135 



C. 45.] Charles 11. 1672. 

CAP. 45. 

[1672, cap, 19.] 

Act concerning Adjudications 

THE Kings Maiestie .... Doth with advice and consent of his Estates of Parlia- 
ment Statute and Ordaine «... that noe Compriseings shall be led in time comeing 
of any Lands or other rights which are not allreadie comprised .... It is allwayes 
heirby provided and declaired that .... it shall be leisum to the Creditor to 
adjudge all or any right belonging to his Debitor in the same maner as he might have 
apprised the same Conforme to the act of Parliament 1661 anent the payment of 
debts betuixt debitor and Creditor in all pointes vnder the reversion and with the 
power competent to others Creditors exprest in the said act And it is heirby Declaired 
that neither the Superior nor the Adjudger shall be prejudged by this Act bot that 
they shall be in the same case aftir citation in this Process of Adjudication as if 
appriseing wer led of the lands at that time and a charge given to the Superior 
thervpon .... 

[In part rep,, 6 Ed. 7 c. 38 {S.LR.).] 



CAP. 47. 

[1672, cap. 21.] 

Act concerning the priviledges of the Office of Lyon King at Armes 

OUR Soveraiene Lord Considering that albeit by the 125 Act of the 12 Parliament 
holdin by his Maiesties grandfather in the yeir 1592 the usurpation of Armes by any 
of his Maiesties leidges without the Authority of the Lyon King of Armes is ezpresly 
discharged And that in order therto Power and Commission is granted to the Lyon 
King of Armes or his Deputes to visite the whole Armes of Noblemen Barrons and 
Gentlemen and to matriculate the same in their Registers and to fine in One Hundreth 
pounds all others who shall unjustlie usurp Armes As also to Escheit all such goods 
and geir as shall have unwarrantable Armes ingraven on them Yet amongst the many 
irregularities of these late times very many have assumed to themselvis Armes who 
should bear none and many of these who may in law bear have assumed to themselvis 
the Armes of their cheiff without distinctions or Armes which were not caried b^ 
them or their predicessors Therfore His Maiestie with advice and consent of his 
Estates of Parliament Ratifies and Approves the forsaid act of Parliament And for 
the more vigorous prosecution therof Doth hereby Statute and Ordain that lettirs 
of publication of this present act be direct to be execute at the mercat cross of the 
heid Burghs of the Shires Stewartries Bailliaries of Royaltie and Regallitie and 
Royall Burrowghs chargeing all and sundry .... Noblemen Barons and Qentlemen 
who make vse of any Armes or Si^es armoriall within the space of one yeir aftir 
the said publication to bring or send ane account of what Armes or Signes armoriall 
they are accustomed to vse and whither they be descendants of any familie the 
Armes of which familie they bear and of what Brother of the fiEamilie they are 
descended With Testificats from peraones of Honour Noblemen or Qentlemen of 
qualitie anent the verity of their having and vseing those Armes and of their descent 
as afoirsaid to be delivered either to the Clerk of the Jurisdiction where the persones 
duells or to the Lyon Clerk at his office in Edinburgh at the option of the partv vpon 
their receipts gratis without paying any thing therfore Which Receipt shall m a 
sufficient exoneration to them from being obleidged to produce again to the effect 
that the Lyon King of Armes may distinguish the saids Armes with congruent 
differences and may matriculat the same in his Bookes and Registers and may give 
Armes to vertuous and well deserving Persones and Extracts of all Armes expressing 
the blasoning of the Arms vndir his band and seall of office .... And his Maiestie 

136 



C. 47.] Charles 11. 1672. 

hereby Dispensses with any penalties that may arise be this or any preceiding act 
for bearing Armes befor the Proclamation to be issued herevpon And it is Statute 
and Ordained with consent forsaid that the said Register shall be respected as the 
true and unrepeallable rule of all Armes and Bearings in Scotland to remain with the 
Lyons office as a publict Register of the Kin^ome and to be transmitted to his Suc- 
cessors in alt tyme comeing And that whosoevir shall vse any other Armes any manner 
of way aftir the expireing of year and day from the date of the Proclamation to be 
issued herevpon in maner forsaid shall pay One Hundred pounds money toties quoties 
to the Lyon and shall likewayes escheat to his Maiestie all the moveable Goods and 
Geir vpon which the saids Armes are engraven or otherwise represented And his 
Maiestie with consent forsaid Declaires that it is onlie allowed for Noblemen .... 
to subscrive by their titles And that all others shall subscrive their Christned names 
or the initiall letter therof with there Sirnames and may if they please adject the 
designations of their Lands prefixing the word Of to the saids designations And the 
Lyon King at Armes and his Brethren are required to be carefull of informeing them- 
selvis of the contraveiners heirof .... It is likewise hereby Declaired that the Lyon 
and his Brethren Heraulds are Judges in all such causes concerning the Malversation 
of Messingers in their office and are to enioy all other priviled^es belonging to their 
Office which are secured to them by the Lawes of this Kingdome and according to 
former practice 

[In part rep., 6 Ed, 7 c. 38 {SX.R.),] 



PARLIAMENT AT EDINBURGH, 28th july 1681. 

CAP. 5. 

[1681, cap, 5.] 

Act concerning probative witnesses in writs and Executions 

OUR Soverai^e Lord Considering that by the Customo introduced when writing 
was not so ordinary Witnesses insert in Writes although not subscryving are probative 
witnesses And by their forgetfulnes may easily dissowne ther being witnesses For 
remeid wherof His Majestie with advice and Consent of the Estates of Parliament 
Doeth enact and Declare that only subscribing Witnesses in writes to be subscribed 
by any partie hereafter shall be probative and not the witnesses insert not Sub- 
scribing And that all such writes to be subscribed heirafter wherin the Writer 
and witnesses are not designed shall be null And are not supplyable by condescend- 
ing vpon the Writer or the designation of the writer and Witnesses And it is farder 
Statute and Declared that no witnes shall subscribe as witnes to any parties sub- 
scription Unles he then know that party and saw him Subscribe or saw or heard 
him give Warrand to a Nottar or Nottars to subscribe for him And in evidence 
thereof touch the Notars pen Or that the party did at the time of the witnesses 
subscribing acknowledge his subscription Otherways the saids witnesses shall be 
repute and punished as accessorie to forgerie And Seing Writting is now so ordinary 
His Majesty with consent foirsaid Doeth enact and Declare that no witnesses But 
subscribing witnesses shall be probative in Instruments of Sasine Instruments of 
Resignation Ad remanentiam Instruments of Intimation of Assignations Translations 
or Retrocessions to Bands Contracts or other writs which shall happen to be sub- 
scribed in any tyme heirafter And that none but subscryving witnesses shall be 
probative in Executions of Messingers of Inhibitions of Interoictions Homings or 
Arrestments And that no Execution whatsoever to be given hereafter shall be 
sufficient to inferr Interruption of Prescription in real Rights Unles the same be 
done before witnesses present at the doing therof subscribing And that in all the 
saids caices The witnesses be designed in the body of the write Instrummit or 

137 



C. 5.] Charles II. 1681. 

Execution reepective Ofcherways the same shall be null and void And make no faith 
in Judgement nor outwith 



CAP. 12. 

[1681, cap. 10.] 

Act concerning wives Terces 

OUR Soveraigne Lord Considering that somtyms through the ignorance and inad- 
vertenoie of some writters and Nottars Clauses are insert in Contracts of Marriage 
Containing Provisions by Husbands in favours of their Wives without mentioning 
the terce that is due to her by Law or expressing the Provision to be granted in 
satisfaction of the terce wherby occasion is given to Relicts to claime a terce out 
of their Husbands Estates by and attour the Provision conceived in their favours 
contrary to the meaning and intention of the Parties Contractors For remeed wherof 
the Kings Majestic with advice and consent of the Estates of Parliament Statuts and 
Ordains that in time coming wher ther shall be a particular Provision granted by an 
Husband in favours of his Wife either in a Contract of Marriage or some other write 
before or after the Marriage That the Wife shall be therby secluded from a Terce 
out of anjT Lands or annualrents belonging to her husband Unles it be expresslie 
provided m the Contract of Marriage or other write Containing the said Provision 
that the wife shall have right to a Terce by and attour the particular provision 
conceived in her favours .... 

[In part rep,, 6 Ed, 7 c. 38 (S.L.JS.).] 



CAP. 13. 

[1681, cop. 11.] 



Act concerning the registration of Sasines and Reversions 

of Tenements within Burgh 

OUR Soveraigne Lord Considering the great security that this Kingdom enjoyes by 
the publict Register of Sasines and Reversions Conform to the Sixteenth Act of the 
22 Parliament of King James the Sixth holden in Anno 1617 And that ther is fully 
the like reason and benefite that the foresaid Statute should extend to the whole 
Kingdom as well to Burgh as Landward Therefore His Majestic with consent of his 
Estates of Parliament Statuts and Ordaines that in time coming AH Instruments 
of Sasine of Tenements within Burghs Royal or Liberties or freedoms thereof holding 
in Burgage And all Reversions Regresses Bands or Writs for making Reversions or 
Regresses Assignations thereto discharges therof Renunciations of Wodsetts and 
Grants of Redemption of the saids Tenements within Burgh or the liberties or 
freedoms therof holding Burgage shall be insert in the Toun-Clerks books of the 
several Burghs respective .... Excepting Reversions incorporat in the body of the 
right .... It is always declared that it shall not be necessary to insert any Bands 
or Writes for making of Reversions [or Regresses] unles Sasine pass in favours of 
the parties makers of the saids Bands and writes in the which case It is ordained 
that the same shall be insert .... The extract out of the which Register shall 
make faith in all cases Except wher the writs so insert are offered to be improven 
And if it shall happen any of the saids writs which are appointed to be insert as said 
is Not to be duly insert .... Then and in that case His Majestic with advice and 
consent foirsaid Decerns the same to make no faith in Judgement be way of Action 
or exception in prejudice of a thrid party who hath acquired a perfect and lauful 

138 



C. 13.] CharUs 11. 1681. 

right to the saide tenements But prejudice always to them to use the saids writs 
against the Parties makers therof their heirs and sucoessours .... 

[In part rep,, 6 Ed, 7 c. 38 {S.LR),] 



CAP. 79. 

[1681, cap, 13.] 

Act coneerning Declinators 

OUR Soveraigne Lord Considering that by the 112 Act 14 Parliament of King 
James the Sixth It is expressly statute and Ordained that no Senatour of the College 
of Justioe ordinary or extraordinary shall sit or vote in the Causes of their Father 
Brother and Son Doeth with advice and consent of his Estates of Parliament Statute 
and Ordain that this Declinatour shall for the future be farder extended to degrees 
of Affinity as well as Consanguinity So that in all time coming No Senatour of the 
GoUedge of Justioe Ordinary or Extraordinary shall sit or vote in Causes wher the 
pursuer or defender is either ffather Brother or Son in Law to him And also that he 
shall not sit or vote in any cause where he is Uncle or Nephew to the Pursuer or 
Defender And it is heirby declared that this Act shall be extended to the Lords of 
Privy Council and Exchequer And the Commissioners of the Justiciary And to all 
other Judges and Judicatures in the Kingdom who may be declined wher they are 
related to the party pursuer or Defender in the Degrees foresaids 



CAP. 82. 

[1681, cap. 16.] 

Act concerning the Jurisdiction of the Admiral Court 

OUR Soverai^e Lord Considering that the clearing and establishing the Jurisdic- 
tion of the high Admiral of this Kingdom will ereatly tend to the advancement 
and encouragement of trade and Navigation Therefore his Majestic with advice and 
consent of the Estates of Parliament Doeth ratifie and approve the 15 Act of the 20 
Parliament of King James the Sixth in the whole heads Clauses and Articles of the 
same And decemes and declares the high Court of Admiralty to be a Soveraigne 
Judicature in itself and of its oun nature to import Summar Execution And Statuts 
and Declares that the said His^h Admiral As he is his Majesties Leivetenent and 
Justice Qeneral upon the Seas And in all Ports harbours or Ureiks of the same and 
upon fresh waters or Navigable Rivers below the first Bridges or within the flood 
marks so far as the same does or can at any time extend So the said High Admiral 
hath the sole priviledge and Jurisdiction in all maritim and searfaring causes forreigne 
and domestick whether Civil or criminal whatsoever within this Realme And over all 
Persons as they are concerned in the same And prohibits and discharges all other 
Judges to medle with the decision of any of the saids causes in the first instance .... 
And statuts ordains and declares that it is the priviledge of the said High Admiral 
to cause parties become enacted and find Caution not only for Compearance but for 
Performance of the Acts and sentences of his Court And that he may punish all 
breakers of his Arreistments and resisters of his officers in the execution of his 
precepts and applv the fynes and amerciaments to his oun use Conform to the Laws 
of the Kingdom And Farther statuts and Declares that the high Court of Admiralitie 
is a Supream Court And that the Decreits and Acts of all other inferiour Courts of 
Admiralitie Are subject to the review and Reduction of the said High Court of 
Admiralitie .... 

[In pari rsp., 6 Ed. 7 c. 38 (S.LR,).] 



139 



C. 83.] Charles IL 1681. 

CAP. 83. 

[1681, cap, 17.] 

Act concerning the Sale of Bankrupts Lands 

OUR Soveraigne Lord Considering that when the Estates and Lands of Bankrupts 
are affected with Adjudications Comprisings and other real rights exceeding their 
value It oftimes falls out that the Creditors doe not agrie to sell the Lands wherby 
such as have small sums upon such Securities cannot command any pairt therof And 
such Estates doe oftimes become ineffectuall to many Creditors Therefore His Majestic 
with consent of his Estates of Parliament Doeth authorize and Impower the Lords of 
the Session (upon a Proces at the instance of anv Creditor having a real right) To 
cognosce and try the value of such Estates wher the Heretor is notoriously Bankrupt 
and the Creditors in possession of the Estate And to Value the same According to 
the true worth thereof in its rents casualities rights and Holdings According to the 
use and custom of the Country where the Lands ly And to commissionat persons to 
sell these Lands and Estate or any pairt thereof at the saids rates or more as can be 
had for the same .... And ordains the said Sale to be by a publick roup not being 
under the rate and price appointed by the Lords of Session And that the roup be 
made after publick Intimation .... Which .... shall specially express the time 
and place of the Boup .... Which alienation so made and reported to the Lords 
And by their Warrand registrat in the books of Councill and Session His Majestic 
with consent foresaid Declares to be as eflfectual upon payment of the price as if the 
same were made by the Debitor And all the Apprysers Adjudgers or other Creditors 
who are so cited and have any Rights affecting the saids Lands And that a Si^ature 
shall pass thereupon in Exchequer and a warrand for charging the Superiour to enter 
the purchaser upon payment of a yeers Rent Declaring always that the price quhich 
shall be gotten for the saids Lands Conform to the roup shall be distribut by the 
Commissioners appointed to sell the Lands or by the purchaser of the same amongst 
the Creditors proportionallie According to their severall Sums rights and diligences 
As they are or shall be ordored and found preferable by the saids Lords Whether the 
saids Creditors have compeared or not 

[In part rep,, 6 Ed. 7 c. 38 (S.L.R.),] 



CAP. 85. 

[1681, cap. 19.] 

Act concerning the Oaths of Minors. 

OUR Soveraigne Lord and Estates of Parliament taking to their serious Consideration 
the great abuses which may be committed against Minors within twenty one yeers of 
Age compleat by causing them Subscribe Bonds of borrowed money Contracts of 
Anenation of their Lands Dispositions Discharges and other writes of Importance and 
ratify the same by Oath swearing that thev shall never come in the contrary therby 
depriving them of all the benefite of Revocation Reduction and Restitution In 
Integrum allowed to them by the Laws of this Kingdom wher such Oaths are not 
made It is therefore Statute and ordained by the Itings Majesty with advice and 
consent of the saids Estates That no such Oaths shall be exacted in time coming And 
in caice of Contravention Declares the Contract to be void and null and that no 
Execution shall pass therupon And declares the Elicitor or Exacter of the oath to be 
Infamous And it is hereby declared that it shall be competent to any person related 
to the Minor to obtain the saids Writs to be declared void and null by way of Action 
exception or Reply 

140 



C. 86.] Charles IL 1681. 

CAP. 86. 

[1681, cop. 20.] 

Act concerning Bills of Exchange 

OUR Soveraiene Lord Considering how necessary it is for the flourishing of Trade 
That Bills or Letters of Exchange be duly payed and have ready Execution conform 
to the custom of other parts Doeth therefore with advice and consent of his Estates 
of Parliament Statute and Ordain that in case of any forraigne Bill of Exchan^ from 
or to this Realm dulv protested for not acceptance or for not payment The said 
Protest having the Bill of Exchange prefixed shall be registrable within Six moneths 
after the date of the said Bill in case of Non-acceptance or after the falling due 
thereof in case of non-payment in the books of Councill and Session or other 
competent Judicatures at the instance of the person to whom the same is made 
payable or his ordor either against the Drawer or Indorser in case of ane protest for 
non-acceptance Or against the Accepter in case of a protest for Non-payment to the 
effect it may have the autboritie of the Judges therof interponed therto That Letters 
of Horning upon a simple charge of Six dayes and other executorials necessary mav 
pass therupon for the whole Sums contained in the Bill as well exchange as principall 
in form as efTeirs Sicklike and in the same manner as upon Redstrat Bonds or 
Decreets of Registration proceiding upon consent of parties Providing always that 
if the saids Protests be not duly Registrat within Six Moneths in manner above 
provided Then and in that case The saids Bills and protests are not to have summar 
execution but only to be pursued by way of Ordinary Action as accords And Farther 
It is hereby Statute and Enacted that the Sums contained in all Bills of Exchange 
bear annualrent in case of not acceptance from the date thereof And in case of 
Acceptance and not payment from the day of their falling due ay and while the 
payment thereof And Farther His Majestv with advice foresaid hereby declares That 
notwithstanding of the foresaid summar Execution provided to follow upon Bills of 
Exchange for the Sums therein contained in manner above specified Yet it shall be 
leisom to the party charger to pursue for the Exchange if not contained in the saids 
Bills with re-exchange dammage Interest and all expences before the Ordinary Judge 
or in cais of Suspension to eek the same to the Charge at the discussing of the said 
Suspension To the effect that the same may be liquidat and Decreet given therfore 
either against the party principal or against him and his Cautioners as accords 



CAP. 108. 

\Noi in l2mo Ediiion,] 

Act for rectification of valuations of the Shires and declaring Coal and Salt not 

to bear any part of the supplie 

. ... it is hereby declared that Coal and Salt is not to bear any pairt of the 
supplie .... 

[In part rep., 6 Ed, 7 c. 38 (S,LB.).] 



141 



C. 14] James VIL 1685. 



ACTA PARLIAMENTORUM REGIS JAOOBI SEPTIML 



PARLIAMENT AT EDINBURGH, 23rd april 1685. 

CAP. U. 

[1685, cap. U.] 

Act explaining the nynth act of the Parliament 1669 concerning Preacriptions 

OUR Soveraigne Lord Considering that at making of the nynth act of the first Session 
of the second Parliament of King Charles the Second ConceminffPrescriptions In that 
part of it Relating to actions proceeding upon warnings Spulyies^jections arreistments 
or for Ministers Stipends and others forsaid the cases that existed before that act 
were not taken into consideration Therfor His Majesty with consent of His Estates of 
Parliament Statuts and ordains that all such actions proceeding upon any diligence 
mentioned in that act already intented either before the said Act 1669 [or sincel 
shall prescrive within fy ve yeares after the Date of this act if they be not wakned 
within that time and all Actions to be raised heirafter upon the forsaids rounds 
shall prescrvve in fyve yeares if they be not wakned within that time And his 
Majesty wills and Decbtres the forsaid nynth act to stand in full force as to the rest 
of the Tenor therof 



CAP. 15. 

[1685, cap. 15.] 

Acr explaining the tenth act of the Parliament 1669 anent Interruptions 

OUR Soveraigne Lord Considering that the clause concerning citations used for 
interruptions mentioned in the tenth act of the first Session of the Second Parliament 
of King Charles the Second Hath left the case of such citations before the said Act 
undetermined His Majesty therfor with consent of His Estates of Parliament Statuts 
and Ordains that all citations used for interruptions preceeding that act shall prescryve 
within Seven yeares after the Date of this act if they be not renewed within that time 
And further Statuts and Ordains that in citations for interruptions As to the Rights 
of Lands and Waknings therof Copys of the citations shall be affixed on the most 
patent Door of the Paroch Church and that over and beside what is required by the 
said Act anent these executions 



CAP. 26. 

[1685, cap. 22.] 

Act concerning Tailyies 

OUR Soveraigne Lord with Advice and Consent of His Estates of Parliament Statuts 
and Declares That it shall be Lawfull to His Majesties Subjects to Tailyie their Lands 

142 



C. 26.] Javies VII. 1685. 

and Estates and to Substitut aires in their Tailyies with such Provisions and Omdi- 
tions as they shall think fitt and to affect the saids Tailyies with Irritant and Resolutire 
clauses wherby it shall not be Lawfull to the Airs of Tailyie to sell annalyie or Dispone 
the saids Lands or any part therof or Contract Debt or Doe any other Deed whereby 
the samen may be apprised adjudged or evicted from the others Substitute in the 
Tailyie or the Succession fArustrat or interrupted Declaring all such deeds to be in 
themselves null and Void and that the next Air of Tailyie may immediatly upon the 
contravention pursue declarators Therof And Serve himself air to him who died last 
infeft in the fee and did not contraveen without necessity anyways to represent the 
Contraveener It is allways Declared that such Tailyies shall only be allowed in which 
the forsaid Irritant and Resolutive clauses are insert in the Procuratorys of Resigna- 
tion Charters precepts and instruments of Seasine And the Original Tailyie once 
produced before the Lords of Session judicially who are hereby ordained to interpose 
their authority therto and That a Record be made In a particular Register Book to be 
keept for that effect Wherin Shall be Recorded the Names of the Maker of the Tailyie 
and of the aires of Tailyie and the Oenerall Designations of the Lordships and 
Barronies And The Provisions and Conditions contained in the Tailyie With the 
forsaid Irritant and Resolutive clauses Subjoyned therto to remain in the said Register 
ad perpetuam Rei memoriam .... and being so insert His Majesty with advice and 
consent forsaid Declares the samen to be Reall and effectuall not only against the 
Contraveeners and their aires but also against their creditors Comprysers adjudgers and 
other Singular Successors Whatsoever whither by Legall or conventionall titles . . . 

[In part rep., 1690 e. 104 and 6 Ed, 7 c, 38 (S.L.-B.).] 



CAP. 35. 

[1685, cap. 28.] 

Act and Commission for Plantation of Kirks and Valuation of Tiends 

FORASMUCH As His Majestys Father of ever blessed memory out of His Royall 
care and Zeale for the Reformed Religion within this Kingdom and maintinance and 
provision of the ministry and Churches therof and the peace of the Kingdom and for 
preventing and setleing all Differences that did or might arise betuixt titulars and 
others having Ri^ht to teinds And Heretors concerning the Leading and Drawing of 
their tiends And immediatly after His attaining and Suceeding to the Crown Qave 
f urth and emitted His Royall Declaration anent the premisses and the other particulars 
therin specified and in pursuance of the Fnds forsaids.diverse Laws and acts of Parlia- 
ment were made in the Year of Our Lord 1633 His said Majesty being then present 
in his Royall Person and since diverse acts of Parliament and Commissions have been 
made given and renewed to that purpose and particularly by the fifteenth act of the 
third Session of the Second Parliament of King Charles the Second His Majestys 
umquhile Royall Brother of ever blessed memory And his Majesty being resolved and 
desireous to prosecute so Good a Work for the universall good of His Subjects and 
especially for the encouragement of the Ministers of the Gospel Therfor His Majesty 
with advice and Consent of His Estates of Parliament Gives full power and Commis- 
sion to His Majestys Officers of Estate for the time being And to the Archbishop of 
St. Andrews The Archbishop of Glasgow The Bishop of Edinburgh The Bishop of 
Dunkeld The Bishop of Galloway the Bishop of Isles The Bishop of Brechin The 
Bishop of Dumblane The Bishop of Aberdeen The Duke of Hamilton The Marquess 
of Douglas The Earle of Erroll The Earle of Marischal The Earle of Marr The Earie of 
Strathmore The Earle of Linlithgow The Earle of Southesque the Earle of Tueeddale 
the Earle of Balcarras The Lord President of the Session The Lord Pittmedden The 
Lord fforret the Lord Reidfoord The Lord Boyn the Lord Drumcairn The Lord 
Baloaskie Sir William Bruce of Kinross Sir George Lockhart of Carnwath Sir Archbald 
Cockburn younger of Langtoun Hugh Wallace of Inglistoun Sir George Drummond 

143 



C. 35.] James VII. 1685. 

of Milnab Charles Murray of Hadden Alexander Miln of Garridden Sir Alexander 
Bruce of Broomhall Sir Patrick Murray James Johnston Provost of Glasgow Mr Robert 
Innice writter to the Signet Sir George Skeen Provost of Aberdeen James ffletcher 
burges of Aberdeen John Dempster of ritliver Or any eleven of them to be a Quorum 
wherof tuo of every Estat-e to meet and conveen at Edinburgh the day of 

/eares and such other place or places times or dyets as they shall appoint to 
cause be valued whatsoever tiends Great or Small Personage or Vicarage 
within this Kingdom which are yet unvalued Declaring that where the Viccarage of 
any paroch is a severall benefice and title from the rersonage the same shall be 
severally valued to the effect the Titulars or Ministers serving the cure having right 
to the said Viccarage be not frustrat of the true worth therof With power to the saids 
Commissioners or Quorum forsaid to appoint Committees or Sub Committees of their 
own number and to Grant Subcommissions and to receive Reports from them and to 
approve or disapprove of the same as they shall find just and to rectifie whatsoever 
valuations led or to be led to the enorm prejudice of the Titulars or to the hurt and 
detriment of the Church and prejudice of the ministers maintinance and provisions 
Provyding all ways Lykas it is hereby expressly provyded and declared That where 
valuations are lawfully led against all persons having interest and allowed by former 
Commissions The same shall not be drawn in question nor rectified upon pretence of 
enorm lesion at the instance of the Minister (not being titular) or at the instance of 
His Majestys Advocat in respect of His Majestys annuity except it can be proven 
that Collusion was used betuixt the Titulars and Heretors or betuixt the Procurator 
ffiscall and the Heretors and titulars Which collusion is declared to be when the 
valuations are led with the diminution of the third part of the just rent Which 
Diminution shall be proven by the parties oath and with power to the saids Commis- 
sioners or Quorum foresaid where Ministers are not already sufficiently provyded or 
have not Localitys already Assigned to them for their Stipends out of the tiends 
within the paroch where they serve the cure In so far as the same will amount to 
according to the Quantities Proportions and Rules contained in the nynteenth Act of 
the Parliament 1633 to Modifie setle and appoint Constant Local Stipends to each 
minister out of the tiends of the paroch where they serve the cure With power also 
to the saids Commissioners to grant recompence by prorogation of Tacks to parties 
for all augmentations of Stipends which are grantea since the year 1630 or shall be 
granted and that effeiring to the augmentations of Stipends which ar granted already 
or to be granted as the saids Commissioners shall think fit And Sicklike to Disjoyn too 
Large and Spacious Paroches to cause erect and build new Churches to annex and 
Dismember Churches as they shall think Convenient and to take ordor that every 
Heretor and Liferenter shall have the leading and buying of their own tiends if they 
be willing according to the rules prescribed by the nynteenth act and Commission 
Granted by His Majesty with consent of His Estates of Parliament in anno 1633 And 
the acts of Parliament therin mentioned With power to determine all Questions con- 
cerning the prices of Tiends betuixt titulars and others having Right therto and the 
Heretors And to appoint such Securitys in favours of Titulars and others having right 
to tiends for their prices to be granted to the Heretors and others lyable in payment 
of Valued Duties or buyers of the saids teinds and in favours of the Ministers as to 
their maintinance as the saids Commissioners shall think fitting according to the Rules 
set down in the said Act 1633 And each Heretor whose tiends belongs to Titulars of 
Erection to have power and liberty to buy the tiends of His own Lands whither valued 
or not within the space of three yeares after the date of this act With this Declaration 
allways that in case the impediment during the time forsaid flow from the titular by 
reason of His Minority or other Inability In that case the heretor who offered to buy 
his own tiends within the space forsaid shall have place so soon as the Impediment is 
removed to buy his tiends Notwithstanding of the expyring of the yeares and space 
above exprest And it is Declared that if the Heretor be minor and his tutor neglect 
the buying of his tiends within the forsaid space the minor shall have action for tuo 
yeares after His Minority to compell the titular to sell his saids teinds And Generally 
with power to the saids Commissioners to decide and determine in all other points 
which may concern the Drawing or Leading of tiends the Selling or buying of the 
same or payment of the Rates therof contained in the former acts of Parliament or 

144 



V 



C. 35.] Janies VII 1685. 

set dowD in the Oenerall DeterminatioD given out by His Majestys Royal ffather of 
Blessed memory and if any person or persons shall find themselves Grieved and 
complain of the Injustice or exorbitancy of any Decreets or Sentences given in any 
of the Commissions during the time of the late troubles with power to the saids Com- 
missioners to take the same to their consideration and alter annuU or allow the saids 
Decreets and Sentences as they shall find just And it is allways provyded and Declared 
that the Archbishops and Bishops and other beneficed persons being ministers and 
their Successors shall not be prejudged of the Rents wherof their predecessors were 
in actual and real possession and which by the Laws of the Kingdom were due to 
them in Anno 1637 or wherof they are presently in possession and that they shall be 
no further bound but according to the provisions and conditions exprest in the sub- 
missions made by the Bishops to his Majestys Royal ffather of blessed memory of the 
date the day of 1628 yeares and Registrat in the Books of Uommis- 

sion for Surrenders and tiends upon the fifteenth day of July 1631 And wheras it 
may fall out that some of the saids Commissioners may be unable to attend the Service 
throw Death Sickness or other known Impediment Therfor His Majesty Declares that 
he shall be carefull to fill their places with other persons qualified whose oaths (for 
faithfuU Discharging of the same) shall be taken by the Lord Chancellor or in his 
absence by the Lord President of the Commission for the time And ordains this 
present Commission to endure ay and while the same be Discharged by His Majesty 
And the acts Decreets and Sentences therof to have the force Strenth and Effect of a 
Decreet or Sentence of Parliament And the Lords of Session to Grant Letters of 
Horning poynding and other necessars to be direct upon the saids Decreets and 
Sentences in maner contained in the forsaids Commissions And His Majesty with 
consent forsaid hereby discharges all former Commissions declaring the same to be 
expyred 



CAP. 40. 

[1685, iMp. 35.] 

Acr anent Messengers Fees 

OUR Soveraigne Lord with advice and Consent of The Estates of Parliament Statut 
and Ordain that it shall be in the power of the Sheriffs Stuarts Baillies of Regalitys 
Justices of Peace and Magistrats of Burghs Royall respective within whose bounds 
any Legall Diligences shall be used to modifie the prices and charges craved by 
Messengers for execution of their offices from any of His Majestys Leiges upon the 
Complaint of the parties either for or against whom the Messengers were imployed 



CAP. 56. 

[1685, cap. 43.] 

Acr in favours of the Inhabitants of Orkney and Zetland 

OUR Soveraigne Lord Considering the great distance of the Islands of Orkney and 
Zetland from the town of Edinburgh the ordinary place of Justice And the Uncer- 
tainty of passage by Sea and the many fresh waters and other fferries in the way by 
Land Doth with advice and consent of His Estates of Parliament Statut and Ordain 
that all Summons to be intented against the Inhabitants of Orkney and Zetland 
before the Lords of Privy Council the Lords of Session and before the Commissioners 
of Justiciary and Letters of horning and Lawborrows upon their Decreets Or by their 
warrand Shall be execute in time coming upon fourty days but prejudice allways of 
Letters to be raised upon writts Registrated of consent of parties where by the clause 
of Registration the party consents tnat execution should pass on a shorter time 
a A. 145 10 



C. 4] James VIL 1686. 



PARLIAMENT AT EDINBURGH, 29th april 1686. 

CAP. 4. 

[1686, cap, 3.] 

Act ordaining Interlocutors to be subscribed by the Judges 

OUR Soveraigne Lord with advice and Consent of the Estates of Parliament Statute 
and ordaines That from and after the first of November next all interloquitors 
pronunced by the Lords of Councill and Session and all other Judges within the 
kingdome shall be signed by the President of the Court or the Judge Pronouncer 
therof And his Majesty with advice forsaid prohibites and discharges the Clerks upon 
ther perill to extract any acts or decreets unless the interloquitors which are the 
warrands therof be signed as said is declareing hereby the extracts which shall be 
given out otherways to be void and null 



CAP. 5. 

[1686, cap, 4.] 



Act ordaining all executions to be subscrived by the witnesses 

without necessity of stamping 

OUR Soveraigne Lord with advice and Consent of his Estates of Parliament Statute 
and ordaines That in tyme coming all Citations befor the Lords of Session and 
Citations befor any other Judges Civil or Criminall which formerly by Law or custome 
used to be in writt and all executions of letters of horning inhibition and others 
whatsomever be subscrived by the executor therof and the witnesses therto Otherways 
to be null and void And that the same shall not be quarrellable for the want of stamping 
any Law or Practique to the contrar Notwithstanding 



CAP. 21. 

[1686, cap, 11.] 

Act for Winter herding 

OUR Soveraigne Lord Considering the prejudice and damnage which the Lieges doe 
sustaine in their planting and inclosurs through the not herding of nolt sheep and other 
bestial in the winter tyme wherby the young trees and hedges are eaten and destroyed 
Doeth with advice and Consent of his Estates of Parliament Statute and ordaine that 
all heretors liferenters tenents Cotters and other possessors of Lands or houses shall 
Cause herd their horses nolt sheep suyne and goats the whoU year alse weell in winter 
as in summer And in the night tyme shall Cause keep the same in houses folds or 
inclosures soe as they may not eat or destroy their nighboures ground woods hedges 
or planting Certifieinff such as Contraveen they shall be lyable to pay halfe a merk 
toties quoties for ilke beast they shall have goeing on their neighboures ground by and 
attour the damnage done to the grass or planting And Declares that it shall be laufull 
to the heretor or possessor of the ground to detaine the said beasts untill he be payed 
of the said halfe merk for ilke b^t found upon his ground and of his expenoes in 
keeping of the same And this but prejudice of any former acts of Parliament made 
against destroyers of planting and inclosures 

146 



C. 29.] Jam^ VIL 1686. 

CAP. 29. 

[1686, cop. 17.] 

Act for writeiDg Sasines be way of book 

OUB Soveraigne Lord takeiiig into his Consideration That Seasings doe extend 
to great len^tn by reasone of inserting and repeating of the whoU provisions of the 
Chartor thenn Therfor his Majesty with adviee and Consent of his Estates of Parliament 
for the more easy and commodious perusal! therof Statute and Ordaines that it shall 
be laufuU for Pairties if they think fitt to cause wreat and extend their sasings by 
way of book The attestation of the notar Condescending upon the number of the leaves 
in the book and each leafe being signed by the notar and witnesses to the giveing of 
the seasing And Ratifies all seasins already written by way of book by warrand ofhis 
Majesties rrivy Councill 



CAP. 30. 

[1686, <»|7. 18.] 

Act appoynting the Publication of the testimonies of witnesses 

OUR Soveraigne Lord Considering how much it does import and Coucerne the good 
and interest of his Majesties Lieges and the due administration of Justice that witnesses 
be distinctly and fully examined and ther depositions written in plaine and clear 
words as they are given Therfor his Majesty with Advice and Consent of the Estates 
of Parliament Statute and Ordaines that in all processes presently depending or to be 
intented befor the Lords of Privy Council Lords of Session and all other Judges 
within this Kingdome the witnesses who are made use of and adduced therin shall 
be examined in presence of the Pairties or their advocate They being present at the 
dyets of examination And that ther be publication of the testimonies of the witnesses 
in the Clerks hands allowed to the Pairties Gratis befor adviseing to the effect Pairties 
may have Copies therof If thev think fitt Any Law or act of Parliament Custome 
or useage to the Contrar notwithstanding 



CAP. 33. 

[1686, cap, 19.] 

Aor anent the Registration of Sasines and Reversions 

.... his Majesty with advice and Consent of his Estates of Parliament .... to the 
effect that all depute intrusted with the Care and keeping of the Registers may 
faithfully doe and execute their oflSce .... Statutes and ordaines That in caice 
by their omission or negligence any wreats presented to them and marked with their 
hands to be registrat shall not be found booked and insert in the Register The saids 
depute guilty of such omission and negligence shall be punishable as ^r^erers of the 
publict Registers and records and shall be lyable in damnage and prejudice to any 
pairtie who shall be prejudged by the said omission or negligence And his Majestic 
with advice forsaid Statutes ordaines and declares that tbir presents shall no ways 
derogat from the Sexteinth act of the 22 Par : K : J : the 6th entituled Act anent 
the Registration of Reversions Sasines and other wryts which shall remaine in its full 
force and strength in all poynts as befor the makeing of this present act 

[In pari rep,, 6 Ed. 7 c. 38 IS.LM.y'] 

147 



C. 34] James VII. 1686. 

CAP. 34. 

[1686, cop. 22.] 

Act and CommiBsion for plantation of Kirks and Valuation of Teynds 

FOUASMUCH as his Majesties father of ever blissed memory out of his Boyall Care 
and Zeail for the Reformed Religion within this Kingdom and the mantainance and 
provision of the ministery and Churches thereof and the Peace of the Kingdome and 
for preventing and setling all differences that did or might arrise betuixt Titulars and 
others having right to teynds and heretors Concerning the leading and drawing of 
their teynds And immediatly after his attaining and succeeding to the Croun gave 
furth and emitted his Royall declaration anent the premisses and the other particulars 
therin specified And in pursueance of the ends forsaid divers Lawes and acts of 
Parliament wer made in the year of our Lord 1633 His said Majestic being then 
present in his Royall person And since diverse acts of Parliament and Commissions 
have been made given and renued to that purpose and particularly by the 15th act 
of the 3rd session of the second Pari : K : Ch : the 2nd his Majesties umquhill Royall 
brother of ever blissed memory And his Majestic being resolved and desireous to 
prosecute so good ane work for the universal good of his subjects and Especially for 
the encouradgement of the ministers of the Gospell Therfor his Majesty with advice 
and Consent of his Estates of Parliament Gives full pouer and Commission to his 
Majesties officers of Estate for the tyme being 



or any thertein of them to be ane Quorum whereof thrie of every State with 
one 01 the officers of State to meet and conveen at Edinburgh the day 

of years and such other place or places tymes or dyets as they shall 

appoynt To value and Cause be valued whatsomever teynds great or small person- 
age or viccarage within this Kingdom which are yet unvalued Declareing that where 
the viccarage of any paroch is a severall benefice and title from the Personage the 
samen shall be severaly valued To the effect the titulars or ministers serving the 
Cure haveing right to the said viccarage be not frustrated of the true worth thereof 
with pouer to the saids Commissioners or quorum forsaid to appoynt Committies or 
sub-Committies of their oun number and to grant subcommissions and to receave 
reports from them and to approve or disapprove the same as they shall find just 
And to rectifie whatsoever valuations led or to be led to the enorme prejudice of the 
titulars or the hurt and detriment of the Church and prejudice of the ministers man- 
tainance and provisions Provideing always Lykeas it is hereby expressly provided 
and declared That where valuations ar laufuUy led against all persones haveing 
interest and allowed by former Commissiones The same shall not be drawen in 
question nor rectified upon pretence of enorme lesion at the instance of the 
minister (not being titular) or at the instance of his Majesties advocat in respect 
of his Majesties annuity Except it can be proven that Collusion was used betuixt 
the titulars and heretors, or betuixt the procurator fiscall and the heretors and 
Titulars which Collusion is declared to be when the valuationes are led with the 
diminution of the third pairt of the just rent Which diminution shall be proven by 
the Pairties oath and with pouer to the said Commissioners or Quorum forsaid where 
ministers are not already sufficiently provided or have not Localities already assigned 
to them for their stipends out of the teynds within the paroch where thev serve the 
Cure According to the quantities proportions and Rules Contained in the 19th act 
of the Pari : 1633 To modifie settle and appoynt constant local stipends to each 
minister out of the teynds of the paroch where they serve the Cure With pouer also 
to the saids Commissioners to grant recompence by prorogation of tacks to pairties 
for all augmentations of stipends which are granted since the year 1630 or shall be 
granted and that effeirand to the augmentations already granted or to be granted as 
the siiids Commissioners shall think fitt And sicklyk to disjoyne too large and spacious 

148 



C. 34.] James VIL 1686. 

paroohea To cause erect and build new churches to annex and dismember Churches as 
they shall think convenient And to take ordor that every heretor and liferenter shall 
have the leading and buying of their oun tey nds if they be willing according to the 
Rules prescribed by the 19th act and commission granted by his Majesty with Uonsent 
of his Estates of Parliament in anno 1633 and the acts of Parliament therin mentioned 
with pouer to determine all questions Concerning the pryces of teynds betuixt Titulars 
and others haveing ryoht therto and the heretors And to appoynt such securities in 
favors of titulars and others haveing right to Teynds for their pryces to be granted to 
the heretors and others lyable in payment of valued duties or byersof thesaids teynds 
and in favors of the Ministers as to their mantainance, as the saids Commissioners 
shall think fitting According to the rules sett doun in the said act 1633 and each 
heretor whose teynds belongs to Titulars of erection to have pouer and Liberty to 
buy the teynds of his oun Lands whither valued or not within the space of thrie years 
after the date of this act with this declaration alwayes That in caice the impediment 
dureing the tyme forsaid flow from the titular by reason of his minority or vther 
inability In that caice the heretor who offered to buy his oun teynds within the space 
forsaid shall have place soe soon as the impediment shall be removed to buy his teynds 
notwithstanding of the expyreing of the years and space after expreat And it is 
declared that if the heretor be minor and his tutor neglect the buying of his teynds 
within the forsaid space the minor shall have action for tuo years after his minority 
to compell the Titular to sell his teynds and generally with pouer to the saids 
Commissioners to decide and determine in all other poynts which may concerne the 
drawing or leading of teynds the selling or buying of the same or payment of the 
rates therof contained in the former acts of Parliament or sett doun in the generall 
determination given out by his Majesties Royall father of blissed memory And if any 
persone or persones shall find themselves greeved and Complaine of the injustice and 
exorbitancie of any decreit or sentence given in any of the Commissions dureing the 
tyme of the late trubles With pouer to the saids Commissioners to take the same to 
their Consideratione and alter annull or allow the saids decreets and sentences as 
thev shall find just And it is always provided and declared That the Arch-bishops and 
BishoDs and other benificed persons being ministers and their Successors shall not be 
prejudged of the Bents quhairof their predecessors wer in Beall and actuall possession 
And which by the Lawes of the Kingdom wer due to them in anno 1637 or whereof 
they are presently in possession And that they shall be no further bound but accord- 
ing to the conditions and provisions exprest in the submissions made by the bishops 
to his Majesties Royall father of blissed memorie of the date the day 

of 1628 and registrat in the books of Commission for Surrenders and 

teynds upon the fifteinth day of July 1651 And whereas it may fall out that some 
of the Commissioners may be unable to attend the service through death sicknes or 
other knoun impediment Therfor His Majesty declares that he shtul be Carefull to fill 
their places with other persons Qualified Who's oaths (for faithfull dischargeing of the 
same) shall be taken by the Lord Chancellar or in his absence by the Loni President 
of the Commission for the tyme and ordaines this present Commission to endure ay 
and whill the same be discharged by his Majestic And the acts decreets and sentences 
thereof To have the force strength and effect of ane decreet or sentence of Parliament 
And the Lords of Session to grant lettres of horning poynding and others necessar 
to be direct upon the saids decreets and sentences in maner contained in the forsaids 
Commissions And his Majesty with consent forsaid hereby discharges all former 
Commissions declareing the same to be expyred 



149 



C. 28.] William and Mary, 1689. 



ACTA PAKLIAMENTORUM GULIELMI ET MARINE. 



CONVENTION AT EDINBURGH, 14th march 1689. 

CAP. 28. 

[1689, cap. 13.] 

Thb Declaration of the Estates of the Kingdom of Scotland containing the Claim of 
Bight and the offer of the Croune to the King and Queen of England 

WHERAS King James the Seventh Being a profest papist did assume the Regall 
power and acted as King without ever takeing the oath required by law wherby the 
King at his access to the government is obh'ged to swear To maintain the protes- 
tant religion and to rule the people according to the laudable lawes And Did By 
the advyce of wicked and evill Counsellers Invade the fundamentall Constitution of 
this Kingdome And altered it from a legall limited monarchy to ane Arbitrary 
Despotick power and in a publick proclamation asserted ane absolute power to cass 
annull and dissable all the lawes particularly arraigning the lawes Establishing the 
protestant religion and did Exerce that power to the subversion of the protestant 
Religion and to the violation of the lawes and liberties of the Kingdome 

BY Erecting publick schooles and societies of the Jesuites and not only allowing 
mass to be publickly said But also inverting protestant Chappells and Churches to 
publick Mass houses Contrair to the express lawes against saying and hearing of 
Mass 

BY allowing popish bookes to be printed and dispersed by a gift to a popish printer 
designeing him Printer to his Majesties househould CoUedge and Chappell Contrair 
to the lawes 

BY takeing the children of Protestant Noblemen and gentlemen sending and keeping 
them abroad to be bred papists makeing great fonds and dotationes to popish schooles 
and Colledges abroad bestowing pensiones upon preists and perverting protestants 
from ther Religion by offers of [uaces preferments and pensiones 

BY Dissarmeing protestants while at the same tyme he Imployed papists in the places 
of greatest trust civil and military such as Chancellor Secretaries Privie Counsellors 
and Lords of Sessione thrusting out protestants to make roome for papists and 
Intrusting the forts and magazins of the Kingdome in ther hands 

BY Imposeing oathes Contrair to law 

BY Giveing gifts and grants for exacting money without consent of Parliament or 
Conventione of Estates 

BY levying or Keeping on foot a standing army in tyme of Peace without Consent 
of Parliament which army did exact localitie free and dry quarters 

BY Imploying the officers of the army as Judges through the Kingdome and Impose- 
ing them wher ther were heretable offices and jurisdictiones by whom many of the 
leidges wore put to death summarly without legall tryall jury or record 

150 



C. 28.] William and Mary. 1689. 

BY impoaeing ezorbitaDt fines to the value of the pairties Estates exacting extravagant 
Baile and disposeing fines and forefaultors befor any proces or Conviction 

BY Imprisoning persones without expressing the reasone and delaying to put them 
to tryail 

BY Gauseing persue and forefault severall persones upon stretches of old and obsolete 
lawes upon frivolous and weak pretences upon lame and defective probationes as 
particularly the late Earle of Argyle to the scandal and reproach of the justice of 
the Natione 

BY Subverting the right of the Royal Burghs The third Estate of Parliament impose- 
ing upon them not only magistrats But also the wholl toune Councill and Clerks 
contrary to their liberties and express ohartours without the pretence either of 
sentence surrender or consent so that the Commissioners to Parliaments being 
chosen by the magistrats and Councill The King might in effect alswell nominat 
that entire Estate of Parliament and many of the saids magistrats put in bv him 
were avowed papists and the Burghes were forced to pay money for the letters 
Imposeing these illegal! magistrats and Councils upon them 

BY Sending letters to the chiefe Courts of Justice not only ordaining the Judges to 
stop and desist sine die to determine causes But also ordering and Commanding them 
how to proceed in cases depending befor them Contrair to the express lawes and by 
chainging the nature of the Judges gifts ad vitam aut culpam and giveing them Com- 
missions ad beneplacitum to dispose them to complyance with arbitrary Courses and 
tumeing them out of their offices when they did not comply 

BY granting personal! protectiones for civill Debts contrair to Law 

ALL which are utterly and directly contrairy to the knoune lawes statutes and 
freedomes of this realme 

THERFOR the Estates of the kingdom of Scotland Find and Dedaire That Ring 
James the Seventh being a profest papist Did assume the Regall power and acted as 
king without ever takeing the oath required by law and hath by the advyce of Evill 
and wicked Counsellors Invaded the fundamental! Constitution of the Eingdome and 
altered it from a legal! limited monarchy To ane arbitrary despotick power and hath 
Exercised the same to the subversione of the protestant religion and the violation of 
the lawes and liberties of the Kingdome inverting all the Ends of Government wherby 
he hath forfaulted the right to the Croune and tiie throne is become vacant 

AND wheras His Royal! Highness WILLIAM then Prince of ORANGE now King 
of Ingland whom it hath pleased Almighty God to make the glorious instrument of 
delyvering these Ringdomes from Popery and arbitrary power did By the advyce 
of severall Lords and Gentlemen of this Nation at London for the tyme call the 
Estates of this Kingdome to meet the fourteenth of March last In order to such an 
Establishment as that their Religion lawes and liberties might not be again in danger 
of being subverted And the saids Estates being now assembled in a full and free 
representative of this Nation Takeing to their most serious Consideratione the best 
meanes for attaining the ends aforesaid Do In the first place as their ancestors in the 
like cases have usuidly done for the vindicating and asserting their antient rights and 
liberties DECLARE 

THAT By the law of this Kingdome no papist can be King or Queen of this realme 
nor bear any office whatsomever therin nor can any protestant successor exercise the 
regall power until! he or she swear the Coronation Oath 

THAT all Proclamationes asserting ane absolute power to Cass annul! and Dissable 
lawes The Erecting Schools and Colledges for Jesuits The Inverting protestant 
Chappells and Churches to publick Mass houses and the allowing Mass to be said 
are Contrair to Law 

THAT the allowing Popish bookes to be printed and Dispersed is Contrairy to law 

151 



C. 28.] William and Mary, 1689. 

THAT the takeing the children of NoblemeD Gentlemen and others sending and 
Keeping them abroad to be bred papists The makeing fonds and Dotations to popish 
schooles and Colledges The Bestowing pensiones on preists and the perverting 
protestants from ther religion by offers of places preferments and pensiones are 
Contrary to law 

THAT the Dissarming of protestants and Imploying papists in the places of greatest 
trust both Civil and military the thrusting out protestants to make roome for 
papists and the intrusting papists with the forts and magazines of the Kingdome 
are Contrary to Law 

THAT the Imposeing oathes without authority of Parliament is Contrair to law 

THAT the giveing gifts or ^nts for raiseing of money without the Consent of 
Parliament or Convention of Estates is Contrary to law 

THAT the Imploying the officers of the army as Judses through the Kingdome or 
imposeing them wher ther were heretable offices and Jurisdictiones and the putting 
the leidges to death summarly and without legall try all jury or record are Contrary 
to Law 

THAT the Imposeing of extraordinary fynes The exacting of exorbitant Baile and 
the disposeing of fynes and forefaultors biefor sentence are Contrary to law 

THAT the Imprisoning persones without expressing the reason therof and delaying 
to put them to tryall is contrary to law 

THAT the causeing persue and forefault persones upon stretches of old and obsolete 
lawes upon frivolous and weak pretences upon lame and defective probation as particu- 
larly the late Earle of Argylle are Contrary to law 

THAT the nominating and Imposeing the magistrats councils and clerks upon burghes 
contrary to ther liberties and express Chartors is Contrary to law 

THAT the Sending letters to the courts of Justice Ordaining the Judges to stop or 
desist from determining Causes or ordaining them how to proceed in Causes depend- 
ing befor them and the changeine the nature of the Judges gifts ad vitam aut culpam 
Into Commissions durante beneplacito are Contrary to law 

THAT the granting personall protectiones for civil Debts is contrary to law 

THAT the forceing the leidges to Depone against themselves in capitall Crymes 
however the punishment be restricted is Contrary to law 

THAT the useing torture without evidence or in ordinary Crymes is Contrary to law 

* 

THAT the Sending of ane army in ane hostile manner upon any pairt of the Kingdome 
in a peaceable tyme and Exacting of Locality and any manner of free quarters is 
Contrary to law 

THAT the chargeing of the leidges with lawborrowes at the Kings instance and the 
imposeing of bonds without the authority of Parliament and the suspending advocats 
from their Imployment for not Compeanng when such bonds were offered were 
Contrary to Law 

THAT the putting of Qarisones in privat mens houses in tyme of peace without 
their Consent or the authority of Parliament is Contrary to law 

THAT the opinions of the Lords of Sessione in the two Cases following were Contrary 
to Law videlicet (L) That the concealing the Demand of a Supply for a forefaulted 
porsone altho not given is treason (2.) That persones refuseing to discover what are 
their privat thoughts and judgements in relation to points of treason or others mens 
actions are guilty of treason 

152 



C. 28.] WUliam and Mary. 1689. 

THAT the fyneing husbands for ther wives withdrawing from the church was 
Contrary to iaw 

THAT Prehicy and the superiority of any office in the Church above presbyters is 
and hath been a great ana insupportable greivance and trouble to this Nation and 
contrary to the Indinationes of the generality of the people ever since the reforma- 
tione (they haveing reformed from popery by presbyters) and therfor ought to be 
abolished 

THAT it is the right and priviledge of the subjects to protest for remeed of law 
to the King and Parliament against Sentences pronounced by the lords of Sessione 
Provydeing the samen Do not stop Execution of these sentences 

THAT it is the right of the subjects to petition the King and that all Imprisonments 
and prosecutiones for such petitioning are Contrary to law 

THAT for redress of all greivances and for the amending strenthneing and preserveing 
of the lawes Parliaments ought to be frequently called and allowed to sit and the 
freedom of speech and debate secured to the members 

AND they Doe Claim Demand and insist upon all and sundry the premisses as ther 
undoubted right and liberties And that no Declarationes Doeings or proceedings to 
the prejudice of the people in any of the said premisses ought in any wayes to be 
drawne hereafter in Consequence or Example But that all forefaultors fynes loss 
of offices Imprisonments Banishments pursuits persecutiones tortures and rigorous 
Executiones be Considered and the pairties laosed be redressed 

TO which Demand of ther rights and redressing of their greivances they are 
particularly Encouraged by his Majesty the King of England his Declaration for 
the Kingdome of Scotland of the day of October last as being the only means 

for obtaining a full redress and remedy therin 

HAVEING therfor ane entire confidence that his said Majesty the King of England 
will perfect the Delyverance so far advanced by him and will still preserve them 
from violation of their Rights which they have here asserted and from all other 
attempts upon their Religion lawes and liberties 

THE said Estates of the Kingdome of Scotland Doe resolve that WILLIAM and 
MARY Kinff and Queen of England France and Ireland Be and be Declared KING and 
QUEEN of SCOTLAND To hold the Crowne and Royall Dignity of the said Kingdome 
of Scotland To them the said King and Queen dureing ther lives and the longest liver 
of them and that the sole and full exercise of the recall power be only in and 
Exercised by him the said King in the names of the said King and Queen Dureing 
ther joynt lives And after ther decease The said Croune and Koyall Dignity of the 
said Kingdome to be to the heirs of the body of the said Queen which failing to the 
PRINCE ANN OF DENMARK and the airs of her body which also failing to the 
aires of the Body of the said WILLIAM KING of ENGLAND 

AND they do Pray the said King and Queen of England to accept the same 
accordingly 

AND that the Oath hereafter mentioned be taken by all protestants of whom the oath 
of allegiance and anv other oathes and Declarationes might be required by law instead 
of them And that the said oath of Allegiance and other oaths and Declarationes ma^ 
be abrogated 

I A: B: Do sincerly promise and swear That I will be faithfuU and bear true 
allegiance to their Majesties King WILLIAM and Queen MARY So help me GOD 



153 



C. 4.] William and Mary. 1689. 

PARLIAMENT AT EDINBURGH, 5th Junb 1689. 

CAP. 4. 

[1689, cap. 3.] 

Act abolishing Prelacie 

WHERAS the Estates of this Eiugdome in their Claime of Right of the Eleavinth 
of Apryll last declared that Prelacie and the superioritie of any office in the church 
above Presbyters Is and hath been a greate and unsupportable greiveance to this 
Nation and contrair to the inclinationes of the generalitie of the people ever since the 
Reformation They haveing reformed from poperie by presbyters and therfor ought to 
be abolished Our Soveraigne Lord and Lady the King and Queens Majesties with 
advyce and consent of the Estates of Parliament doe hereby abolish prelacie and all 
superioritie of any office in the church in this Kingdome above presbyters .... 

[In part rep., 6 Ed. 7 e. 38 (S.L.B.).] 



PARLIAMENT AT EDINBURGH, 15tii April 1690. 

CAP. 7. 

[1690, cap. 5.] 

Act Ratifying the Confession of Faith and settleing Presbyterian Church 

Government 

OUR Soveraigne Lord and Lady The King and Queens Majesties and three estates 
of Parliament Conceiveing it to be their bound duty after the great deliverance that 
God hath lately wrought for this Church and Kingdom In the first place to settle and 
secure therein the true protestant Religion according to the truth of Gods word as it 
hath of a lon^ tyme been professed within this Land, as also the Government of Christs 
Church within this Nation agreeable to the word of God and most conducive to the 
advancement of true piety ana Godliness and the establishing of peace and tranquillity 
within this Realme And that by ane Article of the Claime of Right It is declared that 

Clacie and the superiority of any office in the Church above presbyters Is and hath 
n a ^reat and insupportable greivance and trouble to this Nation and contrary to 
the inclination of the generality of the people ever since the reformation they haveing 
reformed from popery by Presbiters and therefore ought to be abolished Lykeas by 
ane^ Act of the last Session of this Parliament Prelacie is abolished Therefore Their 
Majesties with advyce and consent of the saids three Estates Doe hereby revive 
ratifie and perpetually confirme all lawes statutes and acts of Parliament made 
against popery and papists and for the maintenance and preservation of the true 
reformea protestant religion and for the true Church of Christ within this kingdom In 
swa far as they confirme the same or are made in favours thereof Lykeas they by 
these presents Ratifie and establish the Confession of faith now read in their presence 
and voted and approven be them as the publick and avowed Confession of this Church 
containeing the summe and substance of the doctrine of the reformed Churches which 
Confession of faith is subjovned to this present Act As also They doe establish 
Ratifie and confirme the presbyterian Church Government and discipline That is to 
say the Government of the Church by Kirke sessions presbyteries provinciall synods 
and Generall assemblies ratified and established by tne 114 ActJa: 6: pari: 12: 
Anno 1592 Entituled Ratification of the Liberty of the true kirke &c. And thereafter 
received by the generall consent of this Nation to be the only government of Christs 
Church within this Kingdome Reviveing Renewing and Confirmeing the forsaid act of 
Parliament in the haill heids thereof, except that part of it relat^ing to patronages 

154 



C. 7.] WiUiam and Mary. 1690. 

which is hereafter to be t«ken into consideration And Rescinding Annulling and 
makeing voyd the Acts of Parliament following videlicet Act anent restitution of 
Bishops : Ja. 6 : ParL 18. Cap. 2d Act Ratifieing the acts of the assembly 1610 Ja. 6. 
Pari : 21 Cap. Ist Act anent the Election of Archbishops and Bishops Ja : 6 : Par : 
22 : Cap. 1st Act Entitaled Ratification of the fyve articles of the generall assembly 
at Perth Ja : 6 : Pari : 23 : Cap : Ist Act Entituled for the restitution and re- 
establishment of the Ancient Government of the Church by Archbishops and Bishops 
Char : 2 : Par : 1st Sess : 2 : Act Ist Act anent the Constitution of a national synod 
Char: 2: Par: 1st Sess: 3d Act 5th Act agt such as refuse to depone against 
delinquents Char : 2 : Par : 2d : Sess : 2d : Act 2d Act entituled Act acknowledging 
and asserting the right of succession to the Imperiall Crowne of Scotland Char : 2 : 
Par : 3d act 2d Act entituled Act anent Religion and the Test Char : 2d Par : 3, Act 
6th with all other Acts Lawes statutes ordinances and proclamationes And that in 
sua far allennerly as the saids Acts and others generally and particularlv above 
mentioned are contrary or prejudiciall to Inconsistent with or derogatory from the 

frotestant Religion and presbyterian Government now established And allowing and 
^eclareing that the Church Government be established in the hands of and exercised 
by these presbyterian ministers who were outed since the first of January 1661 for 
nonconformity to prelacie or not complying with the courses of the tyme and are now 
restored by the late Act of Parliament and such ministers and elders only as they 
have admitted or received or shall hereafter admitt or receave and also that all the 
said Presbiterian Ministers have and shall have right to the maintenance, rights and 
other priveledges by Law provyded to the ministers of Christs Church wiuiin this 
kinedom as they are or shall be legallv admitted to particular Churches .... And 
to the effect the disorders that have hapned in this Church may be redressed Their 
Majesties with advyce and consent forsaid Doe hereby allow the Gtenerall meeting 
and representatives of the forsaid presbyterian ministers and Elders in whose hands 
the ezerciBe of the Church Gkivernment is established either by themselves or by such 
Ministers and elders as shall be appointed and authorised visitors by them according 
to the custom and practise of rresbyterian Government throughout the whole 
kingdom and severall parts thereof to try and purge out all Insufficient, negligent^ 
scandalous and erroneous Ministers by due course of eoclesiasticall processes and 
censures and likewayes for redressing all other Church disorders And further it is 
hereby provyded that whatsoever Minister being conveened before the said Generall 
meeting and representatives of the presbyterian ministers and elders or the visitors to 
be appointed by them shall either prove contumacious in not compearing or be found 
guilty and shall be therefore censured whether by suspension or deposition they shall 
ipso facto be suspended from or depry ved of their stipends and benefices And ordaines 
this Act to be printed and published 

[In part rg>., 6 Ed. 7 e. 38 (S.LR.).] 

THE CONFESSION OF FAITH under written was this day produced read and 
considered word by word in presence of their Majesties High Commissioner and the 
Estates of Parliament and being voted and approven was ordained to be recorded 
in the bookes of Parliament off the which CONFESSION OF FAITH the Tenor 
followes 

Chap. 1. Of the Holy Scripture 

ALTHOUGH the light of Nature and works of Creation and Providence do so far 
manifest the goodness wisdom and power of God as to leave men inexcusable yet are 
they not sufficient to give that knowledge of God and of his will which is necessary 
unto salvation Therefore it pleased the Lord at sundry times and in divers maners to 
reveal himself and to declare that his will unto his Church and afterwards for the 
better preserving and propagating of the truth and for the more sure establishment 
and comfort of the Church against the corruption of the flesh and the malice of Satan 
and of the world to commit the same wholly unto writing which maketh the Holy 
Scripture to be most necessary those former wayes of Gods revealing his will unto his 
people being now ceased 

155 



C. 7.] William and Mary, 1690. 

2. UNDER the name of the Holy Scripture or the word of God written are now 
contained all the books of the Old and New Testament which are these Of Thb Old 
Testament Genesis Exodus Leviticus Numbers Deuteronomy Joshua Judges Ruth 
I Samuel II Samuel I Kings II Kings I Chronicles II Chronicles Ezra Nehemiah Esther 
Job Psalms Proverbs Ecclesiastes The Song of Songs Isaiah Jeremiah Lamentations 
Ezekiel Daniel Hosea Joel Amos Obadiah Jonah Micah Nahum Habbakkuk Zephaniah 
Haggai Zechariah Malachi Of The New Testament The Gospels according to 
Matthew Mark Luke John The Acts of the Apostles Pauls Epistles to the Romans 

I Corinthians II Corinthians Galatians Ephesians Philippians Colossians I Thessalonians 

II Thessalonians I to Timothy II to Timothy to Titus to Philemon The Epistle to the 
Hebrews The Epistle of James The first and second Epistles of Peter The first second 
and third Epistles of John The Epistle of Jude The Revelation of John All which are 
given by inspiration of God to be the rule of faith and life 

3. THE Books commonly called Apocrypha not being of divine inspiration are no 
part of the Canon of the Scripture and therefore are of no authority in the Church 
of Gk)d nor to be any otherwise approved or made use of than other human writings 

4. THE authority of the Holy Scripture for which it ought to be believed and 
obeved dependeth not upon the testimony of any man or Church but wholly upon 
God (who is truth it self) the author thereof and therefore it is to be received because 
it is the Word of Gkxl 

5. We may be moved and induced by the testimony of the Church to an high and 
reverent esteem of the Holy Scripture And the heavenliness of the matter the efficacy 
of the doctrine the majesty of the style the consent of all the parts the scope of the 
whole (which is to give all glory to Ghod) the full discovery it makes of the only way 
of mans salvation the many other incomparable excellencies and the entire perfection 
thereof are arguments whereby it doth abundantly evidence it self to be the Word of 
QoA yet notwithstanding our full persuasion and assurance of the infallible truth and 
divine authority thereof is from the inward work of the Holy Spirit bearing witness 
by and with the Word in our hearts 

6. The whole counsell of God concerning all thine^s necessary for his own glory mans 
salvation faith and life is either expresly set down in Scripture or bv good and 
necessary consequence may be deduced from Scripture unto which nothing at any 
time is to be added whether by new revelations of the Spirit or traditions of men 
nevertheless we acknowledge the inward illumination of the Spirit of God to be 
necessary for the saving understanding of such things as are revealed in the word 
and that there are some circumstances concerning the worship of God and govern- 
ment of the Church common to human actions and societies which are to be ordered 
by the li^ht of nature and Christian prudence according to the generall rules of the 
word which are always to be observed 

7. ALL things in Scripture are not alike plain in themselves nor alike clear unto all 
yet those things which are necessary to be known believed and observed for salvation 
are so clearly propounded and opened in some place of Scripture or other that not 
only the learned but the unlearned in a due use of the ordinary means may attain to 
a sufficient understanding of them 

8. THE OLD Testament in Hebrew (which was the native language of the people of 
Gkxl of old) and the New Testament in Greek (which at the time of the writing of it 
was most generally known to the nations) being immediatly inspired by Gkxl and by 
his singular care and providence kept pure in all ages are therefore authenticall so as 
in all controversies of Religion the Church is finally to appeal unto them but because 
these originall tongues are not known to all the people of God who have right unto 
and interest in the Scriptures and are commanded in the fear of God to read and 
search them therefore they are to be translated into the vulgar language of every 
nation unto which they come that the word of God dwelling plentifully in all they 
may worship him in an acceptable manner and through patience and comfort of the 
Scriptures may have hope 

156 



C. 7.] William and Mary. 1690. 

9. THE iafallible rule of ititerpretatioD of Scripture is the Scripture it self and there- 
fore when there is a question about the true .and full sense of an v Scripture (which is 
not manifold but one) it must be searched and known by other places that speak more 
clearly 

10. THE supreme judge by which all controversies of Religion are to be determined 
and all decrees of Councills opinions of ancient writers doctrines of men and private 
spirits are to be examined and in whose sentence we are to rest can be no other but 
the holy Spirit speaking in the Scripture 



Chap. ii. Of God and the Holy Trinity 

1. THERE is but one only living and true God who is infinite in being and perfection 
a most (pure spirit invisible without body parts or passions immutable immense 
eternall incomprehensible almighty most wise most holy most free most absolute 
working all things according to the councill of his own immutable and most righteous 
will for his own glory most loving gracious mercifuU long suffering abundant in 

§oodness and truth forgiving iniquity transgression and sin the rewarder of them that 
iligently seek him and withall most just and terrible in his judgements hating all 
sin and who will by no means clear the guilty 

2. GOD hath all life glory goodness blessedness in and of himself and is alone in and 
unto himself all sufficient not standing in need of any creatures which he hath made 
nor deriving any glory from them but only manifesting his own glory in by unto and 
upon them He is the alone fountain of all being of whom through whom and to whom 
are all things and hath most soveraign dominion over them to do by them for them 
or upon them whatsoever himself pleaseth In his sight all things are open and 
manifest his knowledge is infinite infallible and independent upon the creature so as 
to him nothing is contingent or uncertain He is most holy in all his councills in all 
his works and in all his commands To him is due from angels and men and every 
other creature whatsoever worship service or obedience he is pleased to require of 
them 

3. IN the unity of the Godhead there be three persons of one substance power and 
eternity God the Father God the Son and God the Holy Ghost The Father is of none 
neither begotten nor proceeding the Son is eternally begotten of the Father the Holy 
Ghost eternally proceeding from the Father and the Son 

Chap. hi. Of Gods Eternal Decree 

1. GOD from all eternity did by the most wise and holy councill of his own will freely 
and unchangeably ordain whatsoever comes to pass yet so as thereby neither is God 
the author of sin nor is violence offered to the will of the creatures nor is the liberty 
or contingency of second causes taken away but rather established 

2. ALTHOUGH God knows whatsoever may or can come to pass upon all supposed 
conditions yet hath he not decreed any thing because he foresaw it as future or as 
that which would come to pass upon such conditions 

3. BY the decree of Gk)d for the manifestation of his glory some men and angels are 
predestinated unto everlasting life and others foreordained to everlasting death 

4. THOSE angels and men thus predestinated and foreordained are particularly and 
unchangeably designed and their number is so certain and definite that it cannot be 
either increased or diminished 

5. THOSE of mankind that are predestinated unto life God before the foundation of 
the world was laid according to his eternall and immutable purpose and the secret 
councill and good pleasure of his will hath chosen in Christ unto everlasting glory 
out of his meer free grace and love without any foresight of faith or good works or 

167 



C. 7.] William and Mary. 1690. 

perseverance in either of them or any other thing in the creature as conditions or 
causes moving him thereunto and all to the praise of his glorious Qrace 

6. AS Gk)d hath appointed the elect unto glory so hath he by the eternall and most 
free purpose of his will foreordained all the means thereunto Wherefore they who are 
elected being fallen in Adam are redeemed by Christ are effectually called unto faith 
in Christ by his Spirit working in due season are justified adopted sanctified and kept 
by his power through faith unto salvation neither are any other redeemed by Christ 
effectually called justified adopted sanctified and saved but the elect only 

7. THE rest of mankind Otod was pleased according to the unsearchable councill of 
his own good will whereby he eztendeth or withholdeth mercy as he pleaseth for the 

3 lory of nis soveraign power over his creatures to pass by and to ordain them to 
ishonour and wrath for their sin to the praise of his glorious justice 

8. THE doctrine of this high mystery of Predestination is to be handled with special! 
prudence and care that men attending the will of God revealed in his word and 
yielding obedience thereunto may from the certainty of their effectuall vocation be 
assured of their eternall election oo shall this doctrine afford matter of praise reverence 
and admiration of Otod and of humility diligence and abundant consolation to all that 
sincerely obey the Gbspell 

Chap. iv. Of Crbation 

1. IT pleased God the Father Son and Holy Ghost for the manifestation of the glory 
of his eternall power wisdom and goodness in the beginning to create or make of 
nothing the world and all things therein whether visible or invisible in the space of 
six days and all very good 

2. AFTEK God had made all other creatures he created man male and female with 
reasonable and immortall souls and indued with knowledge righteousness and true 
holiness after his own image havine the Law of Gkxl written in their hearts and power 
to fuUfiU it and yet under a possmility of transgressing being left to the liberty of 
their own will which was subject unto change Besyde this law written in their hearts 
they received a command not to eat of the tree of knowledge of good and evil which 
whilst they kept they were happy in their communion with God and had dominion 
over the creatures 

Chap. v. Of Providence 

1. (K)D the great Creator of all things doth uphold direct dispose and governe all 
creatures actions and things from the greatest even to the least by his most wise and 
holy providence according to his infallible foreknowledge and the free and immutable 
councill of his own will to the praise of the glory of his wisdom power justice goodness 
and mercy 

2. ALTHOUGH in relation to the foreknowledge and decree of God the first cause 
all things come to pass immutably and infallibly yet by the same providence he 
oidereth them to fall out according to the nature of second causes either necessarily 
freely or contingently 

3. (K)D in his ordinary providence maketh use of means yet is free to work without 
above and against them at his pleasure 

4. THE Almighty power unsearchable wisdom and infinite goodness of God so far 
manifest themselves in his providence that it eztendeth it self even to the first fall 
and all other sins of angels and men and that not by a bare permission but such as 
hath joyned with it a most wise and powerfull bounding ana otherwayes ordering 
and governing of them in a manifold dispensation to his own holy ends yet so as the 
sinfuilness thereof proceedeth only from the creature and not from God who being 
most holy and righteous neither is nor can be the author or approver of sin 

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C. 7.] William and Mary, 1690. 

5. THE most wise righteous and gracious Gkxl doth often times leave for a season his 
own children to manifold temptations and the corruption of their own hearts to 
chastise them for their former sins or to discover unto them the hidden strength of 
corruption and deceitfuliness of their hearts that they may be humbled and to raise 
them to a more close and constant dependence for their support upon himself and to 
make them more watchfull against all future occasions of sin and for sundry other 
just and holy ends 

6. AS for those wicked and ungodly men whom God as a righteous judge for former 
sins doth blind and harden from them he not only withholdeth his grace whereby 
they might have been enlightned in their understandings and wi*ought upon in their 
hearts but sometimes also withdraweth the gifts which they had and ezposeth them 
to such objects as their corruption makes occasions of sin and withall gives them over 
to their own lusts the temptations of the world and the power of Satan whereby it 
comes to pass that thev haraen themselves even under those means which GKxi useth 
for the softening of others 

7. AS the providence of Gkxl doth in generall reach to all creatures so after a more 
speciall manner it taketh care of his church and disposeth all things to the good 
thereof 

Chap. vi. Op the fall op bian of sin and of the punishment thereof 

1. OUK first parents being seduced by the subtilty and temptation of Satan sinned 
in eating the forbidden fruit This their sin Gkxl was pleased according to his wise 
and holy councill to permit having purposed to- order it to his own glory 

2. BY this sin they fell from their originall righteousness and communion with Gkni 
and so became dead in sin and wholly defiled in all the faculties and parts of soul 
and body 

3. THEY being the root of all mankind the guilt of this sin was imputed and the 
same death in sin and corrupted nature conveyed to all their posterity descending 
from them by ordinary generation 

4. FROM this originall corruption whereby we are utterly indisposed disabled and 
made opposite to all good and wholly inclined to all evil do proceed all actuall 
trangressions 

5. THIS corruption of nature during this life doth remain in those that are regener- 
ated and although it be through Chnst pardoned and mortified yet both it self and 
all the motions thereof are truly and properly sin 

6. EVERY sin both original and actuall being a transgression of the righteous law 
of Grod and contrary thereunto doth in it8| own nature bring guilt upon the sinner 
whereby he is bound over to the wrath of God and curse of the law and so made 
subject to death with all miseries spirituall temporall and eternall 

Chap. vii. Of Gk)Ds covenant with man 

1. THE distance between God and the creature is so great that although reasonable 
creatures do owe obedience unto him as their Creator yet they could never have any 
fruition of him as their blessedness and reward but by some voluntary condescension 
on Gods part which he hath been pleased to express by way of Covenant 

2. THE first Covenant made with man was a Covenant of Works wherein life was 
promised to Adam and in him to his posterity upon condition of perfect and personall 
obedience 

3. MAN bv his fall having made himself uncapable of life by that Covenant the 
Lord was pleased to make a second commonly called the Covenant of Grace wherein 
he freely ofiered unto sinners life and salvation by Jesus Christ requiring of them 

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C. 7.] William arid Mary. 1690. 

faith in him that they may be saved and promising to give unto all those that are 
ordained unto life his holy Spirit to make them willing and able to believe 

4. THIS Covenant of Qraoe is frequently set forth in the Scripture by the name of 
a Testament in reference to the death of Jesus Christ the Testator and to the ever- 
lasting inheritance with all things belonging to it therein bequeathed 

5. THIS Covenant was differently administred in the time of the Law and in the 
time of the Gospell under the Law it was administred by promises prophesies sacrifices 
circumcision the paschall lamb and other types and ordinances delivered to the people 
of the Jews all foresignifying Christ to come which were for that time sufficient and 
efficacious through the operation of the Spirit to instruct and build up the elect in 
faith in the promised Messiah by whom they had full remission of sins and eternall 
salvation and is called the Old Testament 

6. UNDER the Gk>spell when Christ the substance was exhibited the ordinances in 
which his Covenant is dispensed are the preaching of the word and the administration 
of the sacraments of Baptism and the Lords Supper which though fewer in number 
and administred with more simplicity and less outward glory yet in them it is held 
forth in more fullness evidence and spiritual! efficacy to all nations both Jews and 
Gentiles and is called the New Testament There are not therefore two Covenants of 
Grace differing in substance but one and the same under various dispensations 

Chap. viii. Of Christ thb Mediator 

1. IT pleased God in his eternall purpose to choose and ordain the Lord Jesus his 
only begotten Son to be the mediator between God and man the prophet priest and 
king the head and saviour of his Church the heir of all things and judge of the world 
unto whom he did from all eternity give a people to be his seed and to be by him in 
time redeemed called justified sanctified and glorified 

2. THE Son of God the second person of the Trinity being very and eternall God of 
one substance and equall with the Father did when the fullness of time was come 
take upon him mans nature with all the essentiall properties and common infirmities 
thereof yet without sin being conceived by the power of the Holy Ghost in the womb 
of the virgin Mary of her substance So that two whole perfect and distinct natures 
the Godhead and the Manhood were inseparably joyned together in one Person with- 
out conversion composition or confusion Which person is very God and very Man yet 
one Christ the only mediator between God and Man 

3. THE Lord Jesus in his human nature thus united to the divine was sanctified and 
anointed with the holy Spirit above measure having in him all the treasures of wisdom 
and knowledge in whom it pleased the Father that all fullness should dwell to the 
end that being holy harmless and undefiled and full of grace and truth he might be 
thoroughly furnished to execute the office of a Mediator and Surety which office he 
took not unto himself, but was thereunto called by his Father who put all power and 
judgement into his hand and gave him commandment to execute the same 

4. THIS office the Lord Jesus did most willingly undertake which that he might 
discharge he was made under the Law and did perfectly fulfill it endured most 
grievous torments immediately in his soul and most painfull sufferings in his body 
was crucified and died was buried and remained under the power of death yet saw 
no corruption on the third day he rose from the dead with the same body in which 
he suffered with which also he ascended into heaven and there sitteth at the right 
hand of his Father making intercession and shall return to judge men and angels at 
the end of the world 

5. THE Lord Jesus by his perfect obedience and sacrifice of himself which he through 
the eternall Spirit once offered up unto God hath fully satisfied the justice of his 
Father and purchased not only reconciliation but an everlasting inheritance in the 
kingdom of heaven for all those whom the Father hath given unto him 

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C. 7.] William and Mary. 1690. 

6. ALTHOUGH the work of redemption was not actually wrought by Christ till 
after his incarnation yet the virtue efficacy and benefits thereof were communicated 
unto the elect in all ages successively from the beginning of the world in and by 
those promises types and sacrifices wherein he was revealed and signified to be the 
seed of the woman which should bruise the serpents head and the Lamb slain from 
the beginning of the world being yesterday and to day the same and for ever 

7. CHRIST in the work of mediation acteth according to both natures by each 
nature doin^ that which is proper to it self yet by reason of the unity of the person 
that which is proper to one nature is sometimes in Scripture attributed to the person 
denominated by the other nature 

8. TO all those for whom Christ hath purchased redemption he doth certainly and 
eflfectually apply and communicate the same making intercession for them and reveal- 
ling unto them in and by the word the mysteries of salvation effectually persuading 
them by his spirit to believe and obey and governing their hearts by his word and 
spirit overcoming all their enemies by his almighty power and wisdom in such manner 
and wayes as are most consonant to his wonderful! and unsearcheable dispensation 



Chap ix. Of free will 

1. GOD hath indued the will of man with that naturall liberty that is neither forced 
nor by any absolute necessity of nature determined to do good or evill 

2. MAN in his state of innocency had freedom and power to will and to do that 
which was good and well pleasing to God but yet mutably so that he might fall 
from it 

3. MAN by his fall into a state of sin hath wholly lost all ability of will to any 
spirituall good accompanying salvation so as a naturall man being altogether averse 
from that good and dead in sin is not able by his own strength to convert himself or 
to prepare himself thereunto 

4. WHEN God converts a sinner and translates him into the state of grace he freeth 
him from his naturall bondage under sin and by his grace alone enables him freely to 
will and to do that which is spiritually good yet so as that by reason of his remaining 
corruption he doth not perfectly nor only will that which is good but doth also will 
that which is evil 

5. THE will of man is made perfectly and immutably free to do good alone in the 
state of Glory only 

Chap. x. Of Effectuall calling 

1. ALL those whom God hath predestinated unto life and those only he is pleased 
in his appointed and accepted time effectually to call by his word and Spirit out of 
that estate of sin and death in which they are by nature to grace and salvation 
by Jesus Christ inlightening their minds spiritually and savingly to understand the 
things of God taking away their heart of stone and giving unto them an heart of 
flesh renewing their wills and by his almighty power determining them to that which 
is good and effectually drawing them to Jesus Christ yet so as tney come most freely 
being made willing by his grace 

2. THIS effectuall call is of Gods free and speciall grace alone not from any thing 
at all foreseen in man who is altogether passive therein untill being quickened and 
renewed by the holy Spirit he is thereby enabled to answer this call and to embrace 
the grace offered and conveyed in it 

3. ELECT infants dying in infancy are regenerated and saved by Christ through the 
Spirit who worketh when and where and how he pleaseth so also are all other elect 
persons who are uncapablcof being outwardly called by the ministry of the word 

s. A, 161 11 



0. 7.] William and Mary, 1690. 

4. OTHERS not elected although they may he called by the ministry of the word 
and may have some common operations of the Spirit yet they never truly come unto 
Christ and therefore cannot be saved much less can men not professing the Christian 
Beligion be saved in any other way whatsoever be they never so diligent to frame 
their lives according to the light of nature and the law of that religion they do profess 
and to assert and maintain that they may is very pernicious and to be detested 

Chap. xi. Of Justification 

1. THOSE whom Ood effectually calleth he also freely justifieth not by infusing 
righteousness into them but by pardoning their sins and by accounting and accepting 
their persons as righteous not for any thing wrought in them or done by them but 
for Christs sake alone nor by imputing faith it seu the act of believing or any other 
evangelicall obedience to them as their nghteousness but by imputing the obedience 
and satisfaction of Christ unto them they reciveing and resting on him and his 
righteousness by faith which faith they have not of themselves it is the gift 
of Gk)d 

2. FAITH thus reciveing and resting on Christ and his righteousness is the alone 
instrument of justification yet it is not alone in the person justified but is ever 
accompanied with all other saving graces and is no dead faith but worketh 
by love 

3. CHRIST by his obedience and death did fully discharge the debt of all those that 
are thus justified and did make a proper reall and full satisfaction to his Fathers 
justice in their behalf yet in as much as he was given by the Father for them and 
his obedience and satisfaction accepted in their stei^ and both freely not for any thing 
in them their justification is only of free grace that both the exact justice and rich 
grace of God might be glorified in the justification of sinners 

4. OOD did from all eternity decree to justify all the elect and Christ did in the 
fullness of time die for their sins and rise again for their justification nevertheless 
they are not justified untill the holy spirit doth in due time actually apply Christ 
unto them 

5. OOD doth continue to forgive the sins of those that are justified and although 
they can never fall from the state of justification yet they may by their sins fall under 
QoAb fatherly displeasure and not have the light of his countenance restored unto 
them untill they humble themselves confess their sins beg pardon and renew their 
faith and repentance 

6. THE justification of believers under the Old Testament was in all these respects 
one and the same with the justification of believers under the New Testament 

Chap. xii. Op Adoption 

1. ALL those that are justified Gbd vouchsafeth in and for his only son Jesus Christ 
to make partakers of the grace of adoption by which they are taken into the number 
and enjoy the liberties and priviledges of the children of God have his name put upon 
them receive the spirit of adoption have access to the throne of grace with boldness 
are enabled to cry Abba Father are pitied protected provided for and chastened by 
him as by a father yet never cast off but sealed to the day of redemption and inherit 
the promises as heirs of everlasting salvation 

Chap. xiii. Of Sanctification 

1. THEY who are effectually called and regenerated having a new heart and a new 
spirit created in them are further sanctified really and personally through the virtue 
of Christs death and resurrection by his word and spirit dwelling in them the dominion 

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C. 7.] WUliam and Mwf^. 1690. 

of the whole hody of sin is destroyed and the seyerall lusts therof are more and more 
weakened and mortified and they more and more quickened and strengthened in all 
saving graces to the practise of true holiness without which no man shall see the Lord 

2. THIS sanctification is throughout in the whole man yet imperfect in this life there 
abideth still some remnants of corruption in every part whence ariseth a continuall 
and irreconcileable war the flesh lusting against the spirit and the spirit against the 
flesh 

3. IN which war although the remaining corruption for a time may much prevail yet 
through the continuall supply of strength from the sanctifying spirit of Christ the 
regenerate part doth overcome and so the saints grow in grace perfecting holiness in 
the fear of Gk>d 

Chap. xrv. Of saving Faith 

1. THE grace of faith whereby the elect are enabled to believe to the saving of their 
souls is the work of the spirit of Christ in their hearts and is ordinarily wrought by 
the ministry of the word by which also and by the administration of tne sacraments 
and prayer it is increased and strengthened 

2. BY this faith a christian believeth to be true whatsoever is revealed in the word 
from the authority of God himself speaking therein and acteth difierently upon that 
which each particular passage thereof containeth yielding obedience to the commands 
trembling at the threatnings and embraceing the promises of God for this life and 
that which is to come But the principall acts of saving faith are accepting receiving 
and resting upon Christ alone for justification sanctification and eternall life by virtue 
of the Covenant of Grace 

3. THIS faith is diflerent in degrees weak or strong may be often and many wayes 
assailed and weakened but gets the victory growing up in many to the attainment of 
a full assurance through Christ who is both the author and finisher of our faith 



Chap. xv. Of Repentance unto Life 

1. REPENTANCE unto life is an evan^elicall grace the doctrine whereof is to be 
preached by every minister of the Gospel! 

2. BY it a sinner out of the sight and sense not only of the danger but also of the 
filthiness and odiousness of his sins as contrary to the hol^ nature and righteous law 
of God and upon the apprehension of his mercy in Chnst to such as are penitent 
so grieves for and hates his sins as to turn from them all unto God purposing and 
endeavouring to walk with him in all the wayes of his commandments 

3. ALTHOUGH repentance be not to be rested in as any satisfaction for sin or any 
cause of the pardon thereof which is the act of Gods free grace in Christ yet is it of 
such necessity to all sinners that none may expect pardon without it 

4. AS there is no sin so small but it deserves damnation so there is no sin so great 
that it can bring damnation upon those who truely repent 

5. MEN ought not to content themselves with a generall repentance but it is every 
mans duty to endeavour to repent of his particular sins particularly 

6. AS every man is bound to make private confession of his sins to Gkxl praying for 
the pardon thereof upon which and the forsaking of them he shall find mercy so he 
that scandalizeth his brother or the church of Christ ought to be willing by a private 
or publick confession and sorrow for his sins to declare his repentance to those that 
are offended who are thereupon to be reconciled to him and in love to receive him 

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0. 7.] Williain and Mary, 1690 

Chap. xvi. Of good works 

1. GOOD works are only such as God hath commanded in his Word and not such as 
without the warrant thereof are devysed by men out of blind zeal or upon pretence 
of good intention 

2. THOSE good works done in obedience to Gods commandments are the fruits and 
evidences of a true and lively faith and by them believers manifest their thankfulness 
strengthen their assurance edify their brethren adorn the profession of the Gospell 
stop the mouths of the adversaries and glorify God whose workmanship they are 
created in Christ Jesus thereunto that having their fruit unto holiness they may 
have in the end eternall life 

3. THEIR ability to do good works is not at all of themselves but wholly from the 
spirit of Christ And that they may be enabled thereunto besides the graces they have 
already received there is required an actuall influence of the same holy Spirit to work 
in them to will and to do of his good pleasure yet are they not hereupon to grow 
negligent as if they were not bound to perform any duty unless upon a speciall motion 
of the spirit but they ought to be diligent in stirring up the grace of God that is in 
them 

4. THEY who in their obedience attain to the greatest height which is possible in 
this life are so far from being able to supererogate and to do more then God requires 
as that they fall short of much which in duty they are bound to do 

5. WE cannot by our best works merit pardon of sin or eternall life at the hand of 
God by reason of the great disproportion that is between them and the glory to come 
and the infinite distance that is between us and God whom by them we can neither 
profit nor satisfy for the debt of our former sins but when we have done all we can 
we have done but our duty and are unprofitable servants and because as thev are 
good they proceed from his Spirit and as they are wrought by us they are defiled and 
mixed with so much weakness and imperfection that they cannot endure the severity 
of God's judgement 

6. YET notwithstanding the persons of believers being accepted through Christ their 
good works also are accepted in him not as though they were in this life wholly 
unblameable and unreproveable in Gods sight but that he looking upon them in his 
Son is pleased to accept and reward that which is sincere although accompanied with 
many weaknesses and imperfections 

7. WORKS done by unregenerate men although for the matter of them they may 
be things which God commands and of good use both to themselves and others yet 
because they proceed not from a heart purified by faith nor are done in a right manner 
according to the Word nor to a right end the glory of God they are therefore -sinfull 
and cannot please God or make a man meet to receive grace from God and yet their 
neglect of them is more sinful! and displeasing unto God 

Chap. xvii. Of the perseverance of the Saints 

1. THEY whom God hath accepted in his beloved effectually called and sanctified by 
his Spirit can neither totally nor finally fall away from the state of grace but shall 
certainly persevere therein to the end and be eternally saved 

2. THIS perseverance of the saints depends not upon their own free will but upon 
the immutability of the decree of election flowing from the free and unchangeable love 
of Gk>d the Father upon the efficacy of the merit and intercession of Jesus Christ 
the abiding of the Spirit and of the seed of God within them and the nature of 
the Covenant of Grace from all which ariseth also the certainty and infallibility 
thereof 

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C. 7.] William and Mary, 1690. 

3. NEVERTHELESS they may through the tempUtions of Satan and of the world 
the prevalancy of corruption remaining in them and the neglect of the means of their 
preservation fall into grievous sins and for a time continue therein whereby they incur 
Gkxls displeasure and grieve his holy Spirit come to be deprived of some measure of 
their graces and comforts have their hearts hardened and their consciences wounded 
hurt and scandalize others and bring temporall judgments upon themselves 

Chap, xviii. Of thb assurance of grace and salvation 

1. ALTHOUGH hypocrites and other unregenerate men may vainly deceive them- 
selves with false hopes and carnall presumptions of being in the favor of God and 
estate of salvation which hope of theirs shall perish yet such as truly believe in the 
Lord Jesus and love him in sincerity endeavouring to walk in all good conscience 
before him may in this life be certainly assured that they are in the state of grace 
and may rejoyce in the hope of the glory of God which hope shall never make them 
ashamed 

2. THIS certainty is not a bare conjecturall and probable persuasion grounded upon 
a fallible hope but an infallible assurance of faith founded upon the divine truth of 
the promises of salvation the inward evidence of those graces unto which these 
promises are made the testimony of the spirit of adoption witnessing with our spirits 
that we are the children of God which spirit is the earnest of our inheritance whereby 
we are sealed to the day of redemption 

3. THIS infallible assurance doth not so belong to the essence of faith but that a 
true believer may wait long and conflict with many difficulties before he be partaker 
of it yet being enabled by the spirit to know the things which are freely given him 
of God he may without extraordinary revelation in the right use of ordinary means 
attain thereunto and therefore it is the duty of every one to give all diligence to 
make his calling and election sure that thereby his heart may be enlarged in peace 
and joy in the Holy Ghost in love and thankfulness to God and in strength and 
cheerfulness in the duties of obedience the proper fruits of this assurance so far 
is it from inclining men to looseness 

4. TRUE believers may have the assurance of their salvation divers ways shaken 
diminished and intermitted as by negligence in preserving of it by falling into some 
speciall sin which woundeth the conscience and grieveth the spirit by some sudden 
or vehement temptation by Gods withdrawing the light of his countenance and 
suffering even such as fear him to walk in darkness and to have no light yet are 
they never utterly destitute of the seed of God and life of faith that love of Christ 
and the brethren that sincerity of heart and conscience of duty out of which by the 
operation of the spint this assurance may in due time be revived and by the which 
in the mean time they are supported from utter despair 

Chap. xix. Of thb Law of God 

1. GOD gave to Adam a Law as a Covenant of Works by which he bound him and 
all his posterity to personall entire exact and perpetuall obedience promised life upon 
the fulfilling and threatned death upon the breach of it and endued him with power 
and ability to kee^ it 

2. THIS Law after his fall continued to be a perfect rule of righteousness and as such 
was delivered by God upon Mount Sinai in ten commandments and written in two 
tables the four first commandments containing our duty towards God and the other 
six our duty to man 

3. BESIDE this Law commonly called Moral God was pleased to give the people of 
Israel as a Church under age Ceremoniall Laws containing severall typicall ordinances 
partly of worship prefiguring Christ his graces actions sufferings and benefits and 

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a 7.] WiUiam and Mary. 1690. 

partly holdiug forth divers iDstractioos of moral duties all which Ceremoniall Laws 
are now abrogated under the New Testament 

4. TO them also as a body politick he gave sundry judiciall laws which expired 
together with the state of that people not obliging any other now further then the 
generall equity thereof may require 

5. THE Moral Law doth for ever bind all as well justified persons as others to the 
obedience therof and that not only in regard of the matter contained in it but also 
in respect of the authority of Ghxl the Creator who gave it neither doth Christ in the 
gospell any way dissolve but much strengthen this obh'gation 

6. ALTHOUGH true believers be not under the Law as a Covenant of Works to be 
thereby justified or condemned yet it is of great use to them as well as to others in 
that as a rule of life informing them of the will of Ghxl and their duty it directs and 
binds them to walk accordingly discovering also the sinfull pollutions of their nature 
hearts and lives so as examining themselves thereby they may come to further con- 
viction of humiliation for and hatred against sin together with a clearer sight of the 
need they have of Christ and the perfection of his obedience It is likewise of use to 
the regenerate to restrain their corruptions in that it forbids sin and the threatnings 
of it serve to shew what even their sins deserve and what afflictions in this life they 
may expect for them although freed from the curse thereof threatned in the Law The 
promises of it in like manner shew them Gods approbation of obedience and what 
blessings they may expect upon the performance thereof although not as due to them 
by the Law as a Covenant of Works so as a mans doing good and refraining from evil 
because the law encouragetb to the one and deterreth from the other is no evidence 
of his being under the Law and not under Grace 

7. NEITHER are the forementioned uses of the Law contrary to the grace of the 
(rospell but do sweetly comply with it the spirit of Christ subduing and enabling the 
will of man to do that freely and cheerfully which the will of God revealed in the 
Law requireth to be done 

Chap. xx. Of Christian Liberty and Liberty of Conscience 

1. THE liberty which Christ hath purchased for believers under the Gosj^U consists 
in their freedom from the guilt of sin the condemning wrath of God the curse of the 
Moral Law and in their being delivered from this present evil world bondage to 
Satan and dominion of sin from the evil of afflictions the sting of death the victory 
of the grave and everlasting damnation as also in their free access to God and their 
yielding obedience unto him not out of slavish fear but a child-like love and willing 
mind au which were common also to believers under the Law But under the New 
Testament the liberty of Christians is further enlarged in their freedom from the yoke 
of the Ceremoniall I^w to which the Jewish Church was subjected and in greater bold- 
ness of access to the throne of grace and in fuller communication of the free spirit of 
Grod than believers under the Law did ordinarily partake of 

2. (K)D alone is Lord of the conscience and hath left it free from the doctrines and com- 
mandments of men which are in any thing contrary to his Word or beside it in matters 
of faith or worship so that to believe such doctrines or to obey such commands out 
of conscience is to betray true liberty of conscience and the requiring of an implicit 
faith and an absolute and blind obedience is to destroy liberty of conscience and 
reason also 

3. THEY who upon pretence of Christian liberty do practise any sin or cherish any 
lust do thereby destroy the end of Christian liberty which is that being delivered out 
of the hands of our enemies we might serve the Lord without fear in holiness and 
righteousness before him all the days of our life 

4. AND because the powers which God hath ordained and the liberty which Christ 
hath purchased are not intended by God to destroy but mutually to uphold and pre- 

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C. 7.] William and Mary. 1690. 

serve one another they who upon pretence of Christian liberty shall oppose any 
lawfull power or the lawfull exercise of it whether it be civil or ecclesiasticall resist 
the ordinance of God and for their publishing of such opinions or maintaining of 
such practises as are contrary to the light of nature or to the known principles 
of Christianity whether concerning faith worship or conversation or to the power of 
godliness or such erroneous opinions or practises as either in their own nature or 
in the manner of publishing or maintaining them are destructive to the externall 
peace and order which Christ hath established in the Church they may be lawfully 
called to account and proceeded against by the censures of the Church and by the 
power of the civil Magistrate 

Chap. xxi. Of Beligious worship and the Sabbath day 

1. THE light of nature sheweth that there is a Qod who hath lordship and 
soveraignity over all is good and doth good unto all and is therefore to be feared 
loved praised called upon trusted in and served with all the heart and with all the 
soul and with all the might But the acceptable way of worshipping the true Ghxl 
is instituted by himself and so limited by his own revealed will that he may not be 
worshipped according to the imaginations and devices of men or the suggestions of 
Satan under any visible representation or any other way not prescribed in the holy 
Scripture 

2. RELIGIOUS worship is to be given to God the Father Son and Holy Ghost and 
to him alone not to angells saints or any other creature and since the fall not without 
a mediator nor in the mediation of any other but of Christ alone 

• 

3. PBAYEB with thanksgiving being one speciall part of religious worship is by 
God required of all men and that it may be accepted it is to hd made in the name 
of the Son by the help of his spirit according to his will with understanding reverence 
humility fervency faith love and perseverance and if vocall in a known tongue 

4. PBAYEB is to be made for things lawfull and for all sorts of men living or that 
shall live hereafter but not for the dead nor for those of whom it may be known that 
they have sinned the sin unto death 

5. THE reading of the Scriptures with godly fear the sound preaching and con- 
scionable hearing of the word in obedience unto God with understanding faith and 
reverence singing of psalms with grace in the heart as also the due administration 
and worthy receiving of the Sacraments instituted by Christ are all parts of the 
ordinary religious worship of God beside religious oaths vows solemn fastings and 
thanksgivings upon speciall occasions which are in their severall times and seasons 
to be used in an holy and religious manner 

6. NEITHEB prayer nor any other part of religious worship is now under the Gospell 
either tyed unto or made more acceptable by any place in which it is performed or 
towards which it is directed but God is to be worshipped every where in spirit and 
truth as in private families daily and in secret each one by himself so more solemnly 
in the publick assemblies which are not carelessly or wilfully to be neglected or for- 
saken when God by his word or providence calleth thereunto 

7. AS it is of the law of nature that in generall a due proportion of time be set apart 
for the worship of God so in his word by a positive morall and perpetuall command- 
ment binding all men in all ages he hath particularly appointed one day in seven for 
a Sabbath to be kept holy unto him which from the beginning of the world to the 
resurrection of Christ was the last day of the week and from the resurrection of 
Christ was changed into the first day of the week which in Scripture is called the 
Lords day and is to be continued to the end of the world as the Christian Sabbath 

8. THIS Sabbath is then kept holy unto the Lord when men after a due preparing of 
their hearts and ordering of their common affairs before hand do not only observe a 
holy rest all the day from their own works words and thoughts about their worldly 

167 



0. 7.] William and Mary. 1690. 

employments and recreations but also are taken up the whole time in the publick and 
private exercises of his worship and in the duties of necessity and mercy 

Chap. xxii. Of lawfull Oaths and Vows 

1. A lawfull oath is a part of religious worship wherein upon just occasion the person 
swearing solemnly calleth God to witnes what he asserteth or promiseth and to judge 
him according to the truth or falshood of what he sweareth 

2. THE name of God only is that by which men ought to swear and therein it is to 
be used with all holy fear and reverence therefore to swear vainly or rashly by that 
glorious and dread full name or to swear at all by any other thing is sinfull and to be 
abhorred Yet as in matters of weight and moment an oath is warranted by the word 
of God under the New Testament as well as under the Old so a lawfull oath being 
imposed by lawfull authority in such matters ought to be taken 

3. WHOSOEVER taketh an oath ought duely to consider the weightiness of so 
solemn an act and thereunto avouch nothing but what he is fully persuaded is the 
truth neither may any man bind himself by oath to any thing but what is good and 
just and what he believeth so to be and what he is able and resolved to pertorm yet 
it is a sin to refuse an oath touching anything that is good and just being imposed by 
lawfull authority 

4. AN oath is to be taken in the plain and common sense of the words without 
equivocation or mentall reservation It cannot oblige to sin but in any thing not 
sinfull being taken it binds to performance although to a mans own hurt nor is it 
to be violated although made to hereticks or infidels 

5. A vow is of the like nature with a promissory oath and ought to be made with the 
like religious care and to be performed with the like faithfullness 

6. IT is not to be made to any creature but to God alone and that it may be accepted 
it is to be made voluntarily out of faith and conscience of duty in way of thankfulness 
for mercy received or for the obtaining of what we want whereby we more strictly 
bind ourselves to necessary duties or to other things so far and so long as they may 
fitly conduce thereunto 

7. NO man may vow to do any thing forbidden in the Word of (Jod or what would 
hinder any duty therein commanded or which is not in his own power and for the 
performance whereof he hath no promise of ability from God in which respects popish 
monasticall vows of perpetuall single life professed poverty and regular obedience are 
so far from being degrees of higher perfection that they are superstitious and sinfull 
snares in which no Christian may intangle himself 

Chap, xxiii. Of the Civil Magistrate 

1. GOD the supreme Lord and King of all the world hath ordained Civil Magistrats 
to be under him over the people for his own glory and the publick ^ood and to this 
end hath armed them with the power of the sword for the defence and encouragement 
of them that are good and for the punishment of evil doers 

2. IT is lawfull for Christians to accept and execute the office of a magistrate when 
called thereunto in the managing whereof as they ought especially to maintain piety 
justice and peace according to the wholesome laws of each Commonwealth so for 
that end they may lawfully now under the New Testament wage war upon just and 
necessary occasion 

3. THE civil Magistrate may not assume to himself the administration of the word 
and sacraments or the power of the keys of the kingdom of heaven yet he hath 
authority and it is his duty to take order that unity and peace be preserved in the 
Church that the truth of God be kept pure and entire that all blasphemies and 

168 



C. 7.] William and Mary. 1690. 

heresies be suppressed all corruptions and abuses in worship and discipline prevented 
or reformed and all the ordinances of Qod duly settled administred and observed 
for the better effecting whereof he hath power to call synods to be present at them 
and to provide that whatsoever is transacted in them be according to the mind 
of Qod 

4. IT is the duty of people to pray for Magistrates to honour their persons to pay 
them tribute and other dues to obey their lawfull commands and to be subject to 
their authority for conscience sake Infidelity or difference in religion doth not make 
void the magistrates just and legall authority nor free the people from their due 
obedience to him from which ecclesiasticall persons are not exempted much less hath 
the Pope any power or jurisdiction over them in their dominions or over any other 
people and least of all to deprive them of their dominions or lives if he shall judge 
them to be hereticks or upon any other pretence whatsoever 

Chap. xxiv. Of Marriage and Divorce 

1. MARRIAGE is between one man and one woman neither is it lawfull for any man 
to have more than one wife nor for any woman to have more then one husband at 
the same time 

2. MARRIAGE was ordained for the mutuall help of husband and wife for the 
increase of mankind with a legitimate issue and of the Church with a holy seed and 
for preventing of uncleanness 

3. IT is lawfull for all sorts of people to marry who are able with judgement to give 
their consent yet it is the duty of Christians to marry only in the Lord and therefore 
such as profess the true reformed reh'gion should not marry with infidels papists or 
other idolaters neither should such as are godly be unequally yoked by marrying with 
such as are notoriously wicked in their life or maintain damnable heresies 

4. MARRIAGE ought not to be within the degrees of consanguinity or affinity 
forbidden in the Word nor can such incestuous marriages ever be made lawfull by 
any law of man or consent of parties so as these persons may live together as man 
and wife The man may not marry any of his wifes kindred nearer in blood than he 
may of his own nor the woman of the husbands kindred nearer in blood than 
of her own 

5. ADULTERY or fornication committed after a contract being detected before 
marriage giveth just occasion to the innocent party to dissolve that contract In the 
case of adultery after marriage it is lawfull for the innocent party to sue out a divorce 
and after the divorce to marry another as if the offending party were dead 

6. ALTHOUGH the corruption of man be such as is apt to study arguments unduly 
to put asunder those whom God hath joyned together in marriage yet nothing but 
adultery or such wilfull desertion as can noways be remedied by the Church or civil 
magistrate is cause sufficient of dissolving the bond of marriage wherein a publick 
and orderly course of proceeding is to be observed and the persons concerned in it 
not left to their own wills and discretion in their own case 

Chap. xxv. Of the Church 

1. THE Catholick or universall Church which is invisible consists of the whole number 
of the elect that have been are or shall be gathered into one under Christ the head 
therof and is the spouse the body the fullness of him that filleth all in all 

2. THE visible Church which is also catholick or universall under the Gospell (not 
confined to one nation as before under the Law) consists of all those throughout the 
world that profess the true religion together with their children and is the kingdom 
of the Lord Jesus Christ the house and family of God out of which there is no ordinary 
possibility of salvation 

169 



C. 7.] WUliam and Mary, 1690. 

3. UNTO this Catholick visible Church Christ hath given the ministry oracles and 
ordinances of Gkxl for the gathering and perfecting of the saints in this life to the end 
of the world and doth by his own presence and Spirit according to his promise make 
them effeotuall thereunto 

4. THIS Catholick Church hath been sometimes more sometimes less visible and 
particular Churches which are members thereof are more or less pure according as the 
doctrine of the Gk)spell is taught and embraced ordinances administred and publick 
worship performed more or less purely in them 

5. THE purest Churches under heaven are subject both to mixture and error and 
some have so degenerated as to become no Churches of Christ but synagogues of 
Satan nevertheless there shall be always a Church on earth to worship God according 
to his will 

6. THERE is no other head of the Church but the Lord Jesus Christ nor can the Pope 
of Rome in any sense be head thereof but is that Antichrist that man of sin and 
son of perdition that exalteth himself in the Church against Christ and all that is 
called God 

Chap. xxvi. Of the Communion op Saints 

1. ALL saints that are united to Jesus Christ their head by his spirit and by faith 
have fellowship with him in his graces sufferings death resurrection and glory and 
being united to one another iu love they have communion in each others gifts and 
graces and are oblidged to the performance of such duties publick and private as do 
conduce to their mutuall good both in the inward and outward man 

2. Saints by profession are bound to maintain an holy fellowship and communion iu 
the worship of God and in performing such other spirituall services as tend to their 
mutuall edification as also in relieving each other in outward things according to their 
severall abilities and necessities which communion as God offereth opportunity is to be 
extended to all those who in every place call upon the name of the Lord Jesus. 

3. THIS Communion which the saints have with Christ doth not make them in any 
wise partakers of the substance of his Godhead or to be equall with Christ in any respect 
either of which to affirm is impious and blasphemous Isor doth their communion one 
with another as saints take away or infringe the title or propriety which each man 
hath in his goods and possessions 

Chap, xxvii. Of the Sacraments 

1. SACRAMENTS are holy signs and seals of the Covenant of Grace immediatly 
instituted bv God to represent Christ and his benefits and to confirm our interest 
in him as also to put a visible difference between those that belong unto the church 
and the rest of the world and solemnly to engage them to the service of God in Christ 
according to his word 

2. THERE is in every sacrament a spirituall relation or sacramentall union between 
the sign and the thing signified whence it comes to pass that the names and effects 
of the one are attributed to the other 

3. THE grace which is exhibited in or by the sacraments rightly used is not conferred 
by any power in them neither doth the efficacy of a sacrament depend upon the piety 
or intention of him that doth administer it but upon the work of the Spirit and the 
word of Institution which contains together with a precept authorizing the use thereof 
a promise of benefit to worthy receivers 

4. THERE be only two sacraments ordained by Christ our Lord in the Gospell that 
is to say Baptism and the Supper of the Lord neither of which may be dispensed 
by auy but by a minister of the word lawfully ordained 

170 



C. 7.] William and Mary. 1690. 

5. THE sacraments of the Old Testament in regard of the spirituall things thereby 
signified and exhibited were for substance the same with those of the New 

Chap, xxviii. Of Baptism 

1. BAPTISM is a sacrament of the New Testament ordained by Jesus Christ not only 
for the solemn admission of the party baptized into the visible church but also to be 
unto him a sign and seal of the Covenant of Grace of his ingrafting into Christ 
of regeneration of remission of sins and of his giving up unto God through Jesus 
Christ to walk in newness of life which sacrament is by Christs own appointment 
to be continued in his Church untill the end of the world 

2. THE outward element to be used in this sacrament is water wherewith the party 
is to be baptized in the name of the Father and of the Son and of the Holy Ghost 
by a minister of the Gospell lawfully called thereunto 

3. DIPPING of the person in the water is not necessary but baptism is rightly 
administred by pouring or sprinkling water upon the person 

4. NOT only those that do actually profess faith in and obedience unto Christ but also 
the infants of one or both believing parents are to be baptized 

5. ALTHOUGH it is a great sin to contemn or neglect this ordinance yet grace and 
salvation are not so inseparably annexed unto it as that no person can be regenerated 
or saved without it or that all that are baptized are undoubtedly regenerated 

6. THE efficacy of baptism is not tied to that moment of time wherein it is administred 
yet notwithstanding by the right use of this ordinance the grace promised is not only 
offered but really exhibited and conferred by the Holy Ghost to such (whether of age 
or infants) as that grace belongeth unto according to the counsell of Gods own will 
in his appointed time 

7. THE sacrament of baptism is but once to be administred unto any person 

Chap. xxix. Of the Lords Supper 

1. OUR Lord Jesus in the night wherein he was betrayed instituted the sacrament 
of his body and blood called the Lords Supper to be observed in his Church unto the 
end of the world for the perpetuall remembrance of the sacrifice of himself in his death 
the sealing all benefits thereof to true believers their spirituall nourishment and growth 
in him their further engagement in and to all duties which they owe unto him and 
to be a bond and pledge of their communion with him and with each other as members 
of his mysticall body 

2. IN this sacrament Christ is not offered up to his father nor any reall sacrifice 
made at all for remission of sins of the quick or dead but only a commemoration of that 
one offering up of himself by himself upon the cross once^for all and a spirituall oblation 
of all possible praise unto God for the same so that the popish sacrifice of the Mass 
(as they call it) is most abominably injurious to Christs one only sacrifice the alone 
propitiation for all the sins of the elect 

3. THE Lord Jesus hath in this ordinance appointed his ministers to declare his word 
of Institution to the people to pray and bless the elements of bread and wine and 
thereby to set them apart from a common to an holy use and to take and break 
the bread to take the cup and (they communicating also themselves) to give both 
to the communicants but to none who are not then present in the congregation 

4. PRIVATE masses or receiving this sacrament by a priest or any other alone 
as likewise the deniall of the cup to the people worshipping the elements the lifting 
them up or carrying them about for adoration and the reserving them for any 
pretended religious use are all contrary to the nature of this sacrament and to the 
institution of Christ 

171 



C. 7.] William and Mary, 1690. 

5. THE outward elemeiita in this sacrament duely set apart to the uses ordained 
by Christ have such relation to him crucified as that truly yet sacramentally only they 
are sometimes called by the name of the things they represent to wit the body and 
blood of Christ albeit in substance and nature they still remain truly and only bread 
and wine as they were before 

6. THAT doctrine which maintaines a change of the substance of bread and wine 
into the substance of Christs body and blood (commonly called transubstantiation) 
by consecration of a priest or by any other way is repugnant not to scripture alone 
but even to common sense and reason overthroweth the nature of the sacrament and 
hath been and is the cause of manifold superstitions yea of gross idolatries 

7. WORTHY receivers outwardly partaking of the visible elements of this sacrament 
do then also inwardly by faith really and indeed yet not carnally and corporally but 
spintually receive and feed upon Christ crucified and all benefits of his death the body 
and blood of Christ being then not corporally or carnally in with or under the bread 
and wine yet as really but spiritually present to the faith of believers in that ordinance 
as the elements themselves are to their outward senses 

8. ALTHOUGH ignorant and wicked men receive the outward elements in this 
sacrament yet they receive not the thing signified thereby but by their unworthy 
coming thereunto are guilty of the body and blood of the Lord to their own damnation 
wherefore all ignorant and ungodly persons as they are unfit to enjoy communion 
with him so are they unworthy of the Lords table ana cannot without great sin against 
Christ while they remain such partake of these holy mysteries or be admitted 
thereunto 

Chap. xxx. Of Church Censures 

1. THE Lord Jesus as King and head of his Church hath therein appointed a govern- 
ment in the hand of church officers distinct from the civil Magistrate 

2. TO these officers the keys of the kingdom of heaven are committed by virtue 
whereof they have power respectively to retain and remit sins to shut that kingdom 
against the impenitent both by the word and censures and to open it unto penitent 
sinners by the ministry of the gospell and by absolution from censures as occasion 
shall require 

3. CHUBCH censures are necessary for the reclaiming and gaining of offending 
brethren for deterring of others from the like offences for the purging out of that 
leaven which might infect the whole lump for vindicating the honour of Christ and 
the holy profession of the gospell and for preventing the wrath of God which might 
justly fall upon the Church if they should suffer his covenant and the sealls thereof 
to be profaned by notorious and obstinate offenders 

4. FOR the better attaining of these ends the officers of the church are to proceed 
by admonition suspension from the sacrament of the Lords supper for a season and 
by excommunication from the Church according to the nature of the crime and 
demerit of the person. 

Chap. xxxi. Of Synods and Councills 

L FOK the better government and further edification of the Church ihere ought to 
be such assemblies as are commonly called Synods or Councills 

2. AS Magistrates may lawfully call a synod of ministers and other fit persons to 
consult and advise with about matters of religion so if Magistrates be open enemies 
to the Church the ministers of Christ of themselves by virtue of their office or they 
with other fit persons upon delegation from their Churches may meet together in such 
assemblies 

172 



C. 7.] WUliam and Mary. 1690. 

3. IT belongeth to SjDods and Councills ministerially to determine controversies of 
faith and cases of conscience to set down rules and directions for better ordering of 
the publick worship of God and government of his Church to receive complaints in 
cases of maladministration and authoritatively to determine the same which decrees 
and determinations (if consonant to the word of God) are to be received with reverence 
and submission not only for their agreement with the word but also for the power 
whereby they are made as being an ordinance of God appointed thereunto in his word 

4. ALL Synods or Councills since the Apostles times whether generall or particular 
may err and many have erred therefore they are not to be made the rule of faith 
or practise but to be used as an help in both 

5. SYNODS and councills are to handle or conclude nothing but that which is 
ecclesiasticall and are not to intermeddle with civil affairs which concern the Common- 
wealth unless by way of humble petition in cases extraordinary or by way of advice 
for satisfaction of conscience if they be thereunto required by the civil Magistrate 

Chap, xxxii. Of the state of men after death and of the 

Sesurrection of the dead. 

1. THE bodies of men after death return to dust and see corruption but their souls 
(which neither die nor sleep) having an immortall subsistence immediatly return to 
God who gave them the souls of the righteous being then made perfect in holiness 
are received into the highest heavens where they behold the face of God in light and 
glory waiting for the full redemption of their bodies and the souls of the wicked are 
cast into hell where they remain in torments and utter darkness reserved to the 
judgement of the great day Besides these two places for souls seperated from their 
bodies the scripture acknowledgeth none 

2. AT the last day such as are found alive shall not die but be changed and all the 
dead shall be raised up with the self same bodies and none other although with 
different qualities which shall be united again to their souls for ever 

3. THE bodies of the unjust shall by the power of Christ be raised to dishonour the 
bodies of the just by his spirit unto honour and be made conformable to his own 
glorious body 

Chap, xxxiii. Of the last Judgement 

1. GOD hath appointed a day wherein he will judge the world in righteousness by 
Jesus Christ to whom all power and judgement is given of the Father In which day 
not only the apostate angels shall be judged but likewise all persons that have lived 
upon earth shall appear before the tribunall of Christ to give an account of their 
thoughts words and deeds and to receive according to what they have done in the 
body whether good or evil 

2. THE end of Gods appointing this day is for the manifestation of the glory of his 
mercy in the eternall salvation of the elect and of his justice in the damnation of the 
reprobate who are wicked and disobedient for then shall the righteous go into ever- 
lasting life and receive that fullness of joy and refreshing which shall come from the 
presence of the Lord but the wicked who know not God and obey not the gospell 
of Jesus Christ shall be cast into eternall torments and be punished with everlasting 
destruction from the presence of the Lord and from the glory of his power 

3. AS Christ would have us certainly to be perswaded that there shall be a day of 
judgement both to deter all men from sin and for the greater consolation of the godly 
in their adversity so will he have that day unknown to men that they may shake off 
all carnall security and be always watchfull because they know not at what hour the 
Lord will come and may be ever prepared to say Come Lord Jesus come quickly 
Amen 

173 



C. 16.] William and Mary. 1690. 

CAP. 16. 

[1690, cap. 13.] 

Act Dischargeing Generall Letters of Horning 

OUR Soveraigne Lord and Lady the King and Queens Majesties Considering the 
great Inconveniencies that may arise to the Leidges bv generall Letters of Horneing 
Therefore their Majesties with advice and consent of the three Estates of Parliament 
doe discharge and prohibite the granting raiseing and useing generall Letters of 
horneins except for their Majesties Revenue and for Ministers stipends upon decreits 
of Locality And declares that Generall Letters upon decreitts for poynding of the 
ground may proceed as formerly 



CAP. 49. 

[1690, cop. 20.] 

Act anent the sale of Bankrupts Lands 

OUR Soveraigne Lord and Lady and Estates of Parliament Considering that by the 
17th Act dd Parliament King Uharles Second entituled Act concerneing the sale of 
Bankrupts lands It is statute that the Lords of sessione shall commissionate persones 
to sell the Lands and estates of Bankrupts with consent of the debitor where there is 
a legall reversione competent to him or without his consent where there is no legall 
whereby the said usefuU Act is made ineffectuall no persone being willing to dispone 
other mens Lands neither will the bankrupt ever consent with any such persone ffor 
remeid whereof Their Majesties with consent of the saids estates statute enact and 
Declare that the buyers of Bankrupts estates shall have Right thereto by the decreit 
of sale to be pronounced by the Lords Adjudging the Lands sold to the buyer for the 
piTce decerned and that the buyer shall thereupon be infeft in the same way as upon 
other adjudications and that the sale may proceed so soone as it shall be found that 
the debitor is bankrupt and utterly insolvent whether the Legall be expyred or not 
And that if no buyer be found at tne rate determined by the I^^rds it shall be leisome 
to the saids Lords to divide the Lands and other rights amongst the Creditors 
according to their severall rights and diligences And because the sale m^y be 
obstruct^ by donators of Liferent Escheit the saids Lords are hereby Impowered to 
determine the price and value of the saids liferent escheits and to sell Lands for the 
pryce thereof according as the saids Rights shall be found to have preference 



CAP. 53. 

[1690, cap. 23.] 

Act concerning Patronages 

OUR Soveraigne Lord and Lady The King and Queens Majesties .... Doe .... 
with the advyce and consent of the Estates of Parliament heirby .... statute 
enact and declare that the Right of the Teinds of the .... parishes which are not 
heretably disponed shall be vertue of this present Act belong to the ... . patrons 
with the buraen alwayes of the Ministers stipends tacks and prorogations already 
granted of the said teinds and of such augmentations of stipends future prorogations 
and erections of new kirkes as shall be found just and expedient Provyding the saids 
patrons getting right to the teinds be vertue of this present Act and who had no 
right thereto of before shall be Lykeas they are heirby obleidged to sell to each 
heretor the teinds of his owne Lands at the rate of six yeares purchase as the same 
shall be valued by a Commissione for valuatione of Teinds And whereas there are 

174 



C. 53.] William and Mary. 1690. 

certaine lands and annuellrents holden of the saids benefices and beneficed persones 
from which the patrons might have some benefite aryseing to them It is hereby 
ordained That the right of superioritie of the saids Lands and annuellrents shall 
belong to their Majesties in all tyme comeing with all the whole casualties and 
emoluments thereof notwithstanding of any former act of Parliament in the contrair 
Beserveing notwithstanding to the patrons the few fermes and few maills of the said 
superiorities ay and while they receive payment and satisfactione from their Majesties 
of the pryce thereof at the rate of 1000 merkes for each Ghalder of victuall overhead 
and for each hundreth Merkes of few Maill except where the said few fermes are a 
part of the ministers modified stipend or where the minister is and hes been in 
possessione thereof by the space of ten veares or where he hes the full benefice In 
which cases they are to be irredeimable Excepting lykewayes from this Act the 
superiorities belonging to the Deanrie2of Hamiltone and the provostrie of Bothwell 
whereunto the Duke of Hamiltone hes right which are noewayes hereby prejudged 

[In pari rep., 10 Anne c 21 and 6 Ed. 7 c. 38 (S.LB.).] 



CAP. 56. 

[1690, cap. 26.] 

Act anent the Confirmation of Testaments 

OUR Soveraigne Lord and Lady the Kin^ and Queens Majesties and three Estates 
of Parliament Considering^ the great vexatione occasioned to their Majesties Leidges 
by Commissars and their Clerks fiscalls and officers chargeing them to confirme the 
Testaments of their deceast Belations Doe hereby discharge and forbid in all tyme 
comeing all Commissars and their ffiscalls Clerkes and officers to Charge pursue or 
require any persone to confirme the Testament or give up Inventary of the goods of 
any other persone defunct except at the instance of the Selict bairnes nearest of 
Kin and their Tutors and Curators or of a Creditor Declareing all charges pursuites 
and executions otherwise made and given to be void and Null And farder Their 
Majesties with consent forsaid Declare that where speciall assignations and disposi- 
tions are lawfully made by the defunct tho neither intimate nor made publick in his 
lifetime they shall be yet good and valid rights and titles to possess bruike enjoy 
pursue or defend Albeit tho soumes of money or goods therein contained be not con- 
firmed without prejudice alwayes to the competitione of Creditors and others and of 
their rights and diligences as formerly before the makeing heirof 



CAP. 61. 

[1690, cap. 32.] 

Act in favoilkrs of the small vassalls of Eirklands who now hold of their Majesties 

.... as to vassalls of Eirklands in Orknay and Zetland where their valuatione does 
not exceed twenty pounds Scotts It is hereby declared that they shall bruike by the 
Udall Right without necessitie of Ronovatione of their Rights and infeftments 

[In pari rep., 6 Ed. 7 c. 38 (S.L.R.).] 



175 



C. 63.] William and Mary. 1690. 

CAP. 63. 

[1690, cap, 30.] 

Act and CommissioD for Plantation of Kirks and Valuation of Teinds 

FORASMUCH as for the Maintenance and provisione of the Ministry and Charches 
within this Kingdome and for preventing and settleing of differences that did or 
might arise betwixt Titulars and others haveing right to teinds and heretors con- 
cerneing the leading and drawing of their teinds diverse lawes and Acts of Parliament 
were made in the year of our Lord 1633 And since that tyme diverse Acts of Parlia- 
ment and Commissions have been renewed and given to that purpose And their 
Majesties being resolved and desyreous to prosecute so good a worke for the 
universall good of their subjects and especially for the encouragement of the 
Ministers of the gospell Therefore Their Majesties with advyce and consent of the 
Estates of Parliament Gives full power and Commissione to his Majesties officers 
of state for the tyme being and to the Earles of Argyle Crawfurd Sutherland 
Cassills Lothian and Levin The Viscount of Staire The Lords Cardross and Ruthven 
Sir Patrick Hume of Polwart The Laird of Lamingtoune Alexander Monro of Beir- 
crofts The Lairds of Orant and Brody Sir Thomas Burnet of Leyes Sir John Maxwell 
Sir Archbald Murray of Blackbarony and Mr Francis Montgomery of Giffin Sir John 
Hall of Dunglass John Muire Provost of Aire Alexander Spittle of Leuchett Master 
John Murray Advocate Master James Smollet Provost of Dumbartoune Sir Thomas 
Stewart Sir James Ogilvie of Churchill advocate Sir William Hamiltone advocate and 
Sir Patrick Murray of Saltcoats or any nyne of them to be a Quorum whereof two of 
every state with one of the officers of state to meet and conveen at Edinburgh the 
second Wednesday of November nextocome and such other place or places tyme or 
dyets as they shall appoint to value and cause to be valued whatsomever teinds great 
or small personage or viccarage within this kingdome which are yet unvalued and 
whither the same be in the hands of or in use to be drawne by titulars tacksmen 
ministers or any other whatsoever pretending right to other mens teinds Declareing 
that in all cases the heretor shall have a joynt probatione and that where the 
viccarage of any paroch is a severall benefice and title from the parsonage the same 
shall be severally valued to the effect the titulars or ministers serveing the Cure 
haveing right to the said vicarage be not frustrate of the true worth thereof With 
power to the saids Commissioners or Quorum foresaid to appoint Committies or sub 
Committies of their owne number and to grant Commissione and to receave reports 
from them and to approve or disapprove the samen as they thall finde just And to 
rectifie whatsomever valuations led or to be led to the enorme prejudice either of the 
heretors or of the titulars or to the hurt and detriment of the Church and prejudice 
of the ministers maintenance and provisions Provydeing al waves Lykeas it is hereby 
expresly provyded and declared That where valuations are lawfully led against all 
persons haveing interest and allowed by former Commissions the same shall not be 
drawne in questione nor rectified upon pretence of enorme lesione at the instance of 
the Minister (not being titular) or at the instance of his Majesties advocate in respect 
of his Majesties Annuity except it can be proven that collusione was used betwixt the 
titulars and heretors or betwixt the procurator fiscall and the Heretors and titulars 
which collusione is declaired to be when the valuations are led with the diminution of 
the third part of the just Rent which was payable the tyme of the valuatione which 
diminutione shall be proveu by the parties oath And with power to the saids Com- 
missioners or quorum foresaid where ministers are not already sufficiently provyded 
or have not locality already assigned to them for their stipends out of the teinds 
within the paroches where they serve the Cure according to the quantities pro- 
portiones and rules contained in the 19th act of the Parliament 1633 to modifie settle 
and appoint constant locall stipends to each minister out of the teinds of the paroch 
where they serve the Cure with power also to the saids Commissioners to grant recom- 
pence by prorogation of Tacks to parties for all augmentations of stipends which are 
granted since the year 1630 or shall be granted and that effeiring to the augmenta- 
tions already granted or to be granted as the saids Commissioners shall thinke fitt And 

176 



C. 63.] William and Mary. 1690. 

Sioklike to disjoyne too large and spacious paroohes to cause erect and build new 
Churches to annexe and dismember Cnurches as they shall thinke convenient and to 
take order that everv heretor and liferenter shall have the leading and buying of their 
owne teinds if they be willing according to the Sules prescribed by the 19th Act and 
Commissione minted by his Majestic with consent of the Estates of Parliament in 
anno 1633 and the Acts of Parliament therein mentioned extending the same to all 
teinds except such as belong to and are possest be Ministers for their stipends and 

Srovisions which are only to be valued but not to be sold or bought with power to 
etermine all questions concerneing the pryces of teinds betwixt titulars ana others 
haveine right thereto and the heretors And to appoint such securities in favours 
of titulars and others haveing right to teinds for tneir pryces to be granted by the 
heretors and others lyable in payment of valued duties or buyers of the saids teinds and 
in favours of the Ministers as to their maintenance as the saids Commissioners shall 
thinke fitting according to the rules set downe in the said act 1633 And each heretor 
whose teinds belongs to titulars of Erectione or to patrons according to the Act made in 
this Parliament or to any other haveing right thereto by infeftment tack or otherwayes 
not being both minister and titular to nave power and liberty to buy the teinds of his 
owne Lands whether valued or not from the saids titulars patrons tacksmen and others 
haveing right thereto according to the rates formerly appointed and the nature and 
value of the sellers right to be determined by the Commissioners abovespecefeit And 
generallie with power to the saids Commissioners to decvde and determine in all other 
points which may concerne the drawing or leading of Teinds the valueing selling or 
buying of the same or payment of the Sates thereof And if any person or persons 
shall finde themselves grieved and complaine of the unjustice or exorbitancie of any 
decreit or sentence already given in any of the former Commissions with power to the 
saids Commissioners to take the same into their consideratione and alter annuU or 
allow the saids decreits and sentences as they shall find just And it is alwayes provyded 
and declared that the Ministers of the gospell and their successors shall not be 
prejudged of the stipends either at present possest be them or already modified or to 
be modified to them according to the Sates above mentioned And whereas it may fall 
out That some of the Commissioners may be unable to attend the service throw death 
sickness or other knowne impediment Therefore their Majesties declare That they 
shall be cairfuU to fill their places with other persones qualified whose oaths for faith- 
full discharging of the same shall be taken by the Lord Chancellor or in his absence 
bv the Lord ^resident of the Commissione for the tyme And ordaine this present 
dommissione to endure ay and while the same be discharged be their Majesties and 
the Acts decreits and sentences theirof to have the force strenth and effect of a 
decreit or sentence of Parliament And the Lords of Session to grant letters of 
homeing poynding and others necessary to be direct upon the saids decreits and 
sentences in manner contained in the forsaid Commissione And their Majesties with 
consent forsaid hereby discharges all former Commissions declareing the same to be 
expyred 



PAELIAMENT AT EDINBUEGH, 18th april 1693. 

CAP. 2L 

[1693, cap, 12.] 

Act concerning Citations to the first and second Dyets 

.... It is hereby expressly provyded That all Copies of Summonds Charges Inhibi- 
tions Arrestments or other Letters whatsoever s^iven to the Party shall bear at length 
and not in figures the day and date of the delivery thereof As also the names and 
designations of the Witnesses in such sort as the Execution and Indorsation did and 
doth bear the same Certifyeing the Messenger who shall omitt to insert the said day 
and date and witnesses in his Copy that he shall incurre deprivation and tinsell of 
his Office 

[In part rep,, 6 Ed, 7 c. 38 (5.i.-B.).] 
S.A. 177 12 



C. 22.] WUliam and Mary, 1693. 

CAP. 22. 

[1693, cap, 13.] 

Act concerning the preference of Keal Rights 

OUK Soveraigne Lord and Lady The King and Queens Majesties for the better 
clearing and determining of Competitions and Preferences of Keall Rights and 
Infeftments Do hereby with advice and consent of the Estates of Parliament Enact 
Statute and Declare That All Infeftments whether of property or annual-rent or other 
Reall Rights wherupon Sasines for hereafter shall be taken shall in all Competitions 
be preferable and preferred according to the date and priority of the Registrations of 
the Sasines without respect to the distinction of Base and publick Infeftments or of 
being clad with possession or not clad with possession in all time coming 



CAP. 23. 

[1693, cap. 14.] 

Act concerning the Registers of Sasines Reversions &c. 

OUR Soveraigne Lord and Lady The King and Queens Majesties Considering That 
the many good Acts appointing Registers of Sasines Reversions Hornings Inhibitions 
Interdictions Allowances of Apprizings or Adjudications that Purchasers and Creditors 
might know with whom they might safely contract have been much frustrated by the 
Keepers of the Registers not inserting the same in the Registers at the time and 
in the order they were presented to them whereby none could know by Inspection 
of the Registers what Writs appointed to be registrate were in the hands of the 
Keepers of the Registers and thereby could not securely bargain For Remeed 
whereof Their Majesties with advice and consent of the Estates of Parliament Doe 
Statute and Ordain That all the Keepers of the said Registers shall keep Minute 
Books of all Writs presented to them to be registrate in their severall Registers 
Expressing the day and houre when and the names and Designations of the 
persons by whom the saids Writs shall be presented and that the said minute be 
immediately signed by the presenter of the Writ and also by the Keeper and 
patent to all the Lieges who shall desire Inspection of it gratis And that the Writs 
shall be registrate exactly conform to the Order of the said Minute Book All under 
the pain of Deprivation of the Keeper of the Register And further Their Majesties 
with consent forsaid Declare the saids Keepers not observing the premises lyable to 
the damage of the Parties prejudged by the not due observing of this present Act 



CAP. 24. 

[1693, cap, 15.] 

Act for Summar Registrations and Discharging Transferrings activ^ 

OUR Soveraigne Lord and Lady The King and Queens Majesties with Advice and 
Consent of the Estates of Parliament Statute and Declare That all Writs registrable 
may be registrate after the death of the Creditor at the Instance of his Heir Executor 
or Assigney as well as of before and that upon production of a Service or Retoure in 
the case of Bonds or other Writs heretable or of a Confirmed Testament containing 
the Bond or other Writ In case they be moveable or of ane speciall Assignation tho 
not Intimate In the case of either which Registration shall have the same effect both as 
to probation and summar Execution as if the Creditor were still on life And farther 
It is Statute That if it shall happen the pursuer to decease at any time dureing the 

178 



C. 24] William and Mary. 1693. 

dependence of any process raised at his instance there shall be noe need for hereafter 
for his Heir Executor or Assigney to raise and obtaine a transferring activ^ but the 
said Heir Executor or Assigney is hereby allowed upon production of his Service or 
Retour Confirmed Testament or Speciall Assignation tho not intimate to insist in the 
principal! cause sicklike in all respects as the Pursuer at whose Instance the process 
was raised might do if he were still on Life but prejudice to Transferrings passiv6 
conform to the former practique as accords 



CAP. 31. 

[1693, cap, 18.] 
Act anent the Signing of Interlocutors immediatly after Voting 

OUR Soveraigne Lord and Lady The King and Queens Majesties Considering the 

Keat delay of Justice and Expenses sustained by the Lieges and the trouble that the 
>rds of Session are often put to by mistakes that arise from the method of wording 
and writing Interloquitors For Remeed whereof Their Majesties with advice and 
consent of the Estates of Parliament Statute and Ordain That .... presently after 
voteing at least at that Dyet . . the Interloquitor be written by the Clerk upon the 
process and read and signed by the Lord Chancellor or President for the time before 
a Quorum of the Lords sitting in Judgement, Declaring all Interloquitors and the 
Minutes of Definitive Sentences which shall not be written and signed in manner 
above mentioned shall be null and voyd and the Writer and Signer therof shall incurr 
the pain of Deprivation 

[Tnpart rep,, 6 Ed. 7 c. 38 (S.LR.),] 



CAP. 38. 

[1693, cap, 22.] 

Act for Setling the Quiet and Peace of the Church 

OUR Soveraigne Lord and Lady The King and Queens Majesties with Advice and 
Consent of the Estates of Parliament Ratify Approve and perpetually Confirme the 
fyfth Act of the Second Session of this Current Parliament Entituled Act Ratifying 
the Confession of Faith and Settleing Presbyterian Church Government In the whole 
Heads Articles and Clauses thereof And do further Statute and Ordaine that no person 
be Admitted or continued for hereafter to be a minister or preacher within this 
Church unless that he having first taken and Subscribed the Oath of Allegiance and 
Subscribed the Assurance in manner appointed by another Act of this present Session 
of Parliament made thereanent Do also subscribe the Confession of Faith Ratifyed in 
the forsaid fifth Act of the Second Session of Parliament Declaring .... likewise 
that he owns and acknowledges Presbyterian Church Qovernment as settled by the 
forsaid ffifth Act of the Second Session of this Parliament to be the only Government 
of this Church And that he will submitt thereto and concurre therewith and never 
endeavour directly or indirectly the prejudice or subversion thereof And their 
Majesties with Advice and Consent forsaid Statute and Ordain that Uniformity of 
Worship and of the Administration of all publick Ordinances within this Church be 
Observed by all the saids Ministers and Preachers as the samen are at present 
performed and allowed therein or shall be hereafter Declared by the Authority of the 
same And that no minister or preacher be admitted or continued for hereafter unless 
that he subscribe to observe and do actually observe the foresaid Uniformity And .... 
Their Majesties with Advice and Consent forsaid Doe Hereby Statute and Ordaine 

179 



C. 38.] William and Mary. 1693. 

that the Lords of their Majesties Privy Councill and all other Magistrates Judges and 
Officers of Justices give all due assistance for makeing the Sentences and Censures of 
the Church and Jucncatures thereof to be obeyed or otherways effectuall as accords 

[In part rqp., bEd,1 c.U and 6 Ed. 7 c. 38 (S,L.R.).] 



CAP. 39. 

[1693, cop. 23.] 

Act Benewing the Commission for Plantation of Kirks and Valuation of Teinds 

OUK Soveraigne Lord and Lady The King and Queens Majesties Considering that 
by the thirtieth Act of the Second Session of this current Parliament there was a 
Commission granted for Plantation of Kirks and valuation of Teynds which not beine 
as yet made effectuall Therefore the King and Queens Majesties with advice and 
consent of the Estates of Parliament Batifies and Kenues the said Commission with 
the whole power thereby granted to the Commissioners therein named with three to 
be added of every Estate by their Majesties Nomination makeing in all Thirty six 
besides the Officers of State who are Supernumerary and any twelve of them to be a 
Quorum whereof two of every Estate with one of the Officers of State And Confirms 
the whole tenor and effect of the forsaid Commission in manner and to the end 
specified in the said Act with this Addition that whereas there is a great difference 
as to Teynds whereof the right has never come in the person of the Heritor of the 
Lands and those Teynds whereof the right has come in the person of the Heritor 
and the lands thereafter sold or ffeued out by the Heritor Beservins the Teynds or 
where the Teynds are not disponed that in such a case the Heritor who sold or ffewed 
out the Lands should no more be obliged to sell those Teynds than a Superior or 
other Heritor can be obliged to sell his ffeu duties or any other right of property that 
he has reserved when he sold or ffeued out the Lands Therefore It is Statute and 
Ordained that this Commission shall not be extended as to the selling or buying of 
such Teynds whereof the right has once been in the person of the Heritor of the 
Lands and which Lands were thereafter sold or feued out by the Heritor with the 
reservation of the right of the Teynds or without Disponing of the said Teynds with- 
out prejudice always to the Vassall or Heritor of the Lands to yalue these Teynds in 
the termes of the said Act and Commission and only be liable thereafter for payment 
of the valued Duties As also It is Declared that the said Commission shall not be 
extended to the buying or selling of Teynds which formerly pertained to the Bishops 
and now belong to their Majesties by the abolition of Prelacy so long as the said 
Teynds shidl remain in their Majesties hands undisponed nor to Teynds belonging to 
Colledges and Hospitalls or mortifyed or destinate for pious uses without prejudice 
to value the saids Teynds conform to the forsaid Act and be only lyable thereafter 
for payment of the valued Duties And because the buying of Teynds in favours of 
Heritors hath been much hindered by Patrons Titulars and Tacksmen of Teynds 
their offerins to allocate the Tevnds of the Heritor pursueing for a Sale after Citation 
given It is hereby Statute and Ordained that after Citation it shall not be in the 
power of the forsaid Patrons Titulars or Tacksmen to make any Allocation of the 
pursuers Teynds solely but onlv proportionally of his and the other Tevnds within 
the paroche and within his rieht Excepting allways that the Teynds of the Lands 
belonging in property to the ^tron Titular or Tacksman shall be free of any parte 
of the said Allocation if there be sufficient Teynd beside And whereas many tymes 
Heritors intent Action for the valuation of their Teynds against the Titulars and 
others having right thereto of designe only that upon pretence of ane depending 
Action for valuation the;^ may get a Warrant for leading of their own Teynds ana 
thereafter suffers the Action for valuation to lye over and doe not insist therein by 
which the Titulars and others having rieht to the Teynds are exceedingly prejudged 
For Bemeed whereof It it Statute ana Ordained that any Warrant to be granted 

180 



C. 39.] WiUiam and Mary. 1693 

hereafter by the Commission to Heritors for leading of their Teynds shall endure only 
untill a protestation for not insisting be obtained at the Instance of the Defender .... 

[In pari rep,, 6 Ed, 7 c. 38 (S,L.R,),] 



CAP. 40. 

[1693, cap. 24.] 

Acr anent the Term of Whitsnnday 

OUK Soveraigne Lord and Lady The Eang and Queens Majesties with advice and 
consent of the Estates of Parliament for further clearing the Thirty nvnth Act of 
the Second Session of this current Parliament Statute and Declare that the Fifteenth 
day of May was since the date of the forsaid Act and shall be in all time comeing in 
place of the former Terme of Whitsunday to all effects whatsoever as well as to 
Itemoveings 



CAP. 41. 

[1693, cap, 25.] 

Act anent Parsonages 

OUR Soveraigne Lord and Lady The King and Queens Majesties Considering that by 
the Twenty third Act of the Second Session of this current Parliament concerning 
Patronages It is Statute and Declared that the right of the Teynds of paroches 
whereof Patrons had formerly the presentation by that Act abolished and which 
Teynds are not heritably disponed should by virtue of that Act belong to the Patrons 
with the burthen always of the Ministers Stipends and others therein expressed and 
that it is just and reasonable that the said benefite should be extended to the Patrons 
of all Parsonages and other Benefices without exception Doe Therefore with advice 
and consent of the Estates of Parliament Statute Ordaine and Declare that the forsaid 
riffht of the Teynds granted to Patrons as said is shall be extended to the Teynds of 
all Parsonages and other Benefices and that the same shall belong to the Patrons with 
the burthen specified in the said Act and further with the burthen of provisions to 
two Ministers in one paroche if the Commission shall think fitt Providing always that 
where the beneficed person being a Minister having a Cure is in possession of the 
forsaids Teynds as Titular thereof he shall continue and remain in the possession 
thereof ay and whill the forsaid Patrone shall obtain a just and reasonable Stipend to 
be modified and settled upon him by the Commission for Plantation of Kirks in lieu 
of his said right to the Teynds hereby granted to the Patrone as said is which ri^ht 
shall be without prejudice of any other separate right that the saids Patrons either 
have or may have to the saids Teynds as accords of the Law 



CAP. 42. 

[1693, (^. 26.] 

Act anent the Lords of Session their Advising with open doors 

OUK Soveraigne Lord and Lady The King and Queens Majesties Considering that the 
Adviseing of Causes with open Doors is usuall in the Soveraigne Judicatories of other 
Nations and that the like practice here will be of advantage to the Lieges Doe with 

181 



C. 42.] WUliam and Mary. 1693. 

advice and consent of the Estates of Parliament Statute and Ordaine That in all tyme 
comeing all Bills Reports Debates Probations and others relating to processes shall be 
considered reasoned advised and voted by the Lords of Session with open doors where 
parties procurators and all others are hereby allowed to be present as they used to be 
formerly in time of Debates but with this restriction that in some speciall cases the 
saids Lords shall be allowed to cause remove all persons except the parties and their 
procurators and that no person presume to speake after the Lords begin to advise 
under the pain of imprisonment unless he be desyred by the Lords .... 

[In part rep., 6 Ed. 7 c. 38 {S.L.K).] 



CAP. 43. 

[1693, cap, 27.] 

Act anent Advising Criminal Processes with open doors 

THE King and Queens Majesties and Estates of Parliament Considering that by the 
Nyntieth Act Parliament Eleaventh King James the Sixth It is Statute Declarea and 
Ordained that the haill Accusation Keasoning Writes Witnesses and other Probation 
and Instruction whatsomever of the cryme shall be alledged reasoned and deduced to 
the Assize in the presence of the party accused in face of judgement and no otherways 
And it being fitt and convenient for the Lieges that Criminall Tryalls which are of 
so great import be solemne and publick Doe Therefore Statute and Ordaine that after 
the Debate concerning the Relevancie of Criminall Lybells Dittays or Exculpations 
made by the parties and their procurators are closed that the Commissioners of 
Justiciary and other Criminall Judges shall advyse the same with open Doors in 
presence of the Pannell and Assyse and all others and that no person nor persons 
presume to speak unless he be desyred or interrupt or disturb the Court by noyse or 
any other manner of way under the pain of being sent to prison and ffyned at the 
Judges discretion as they shall think fitting any Law or Custome to the contrair 
hereof notwithstanding Declaring always that in the cases of Kapt Adulterie and the 
like the saids Commissioners may continue their former use and custom by causeing 
remove all persons except parties and procurators at the leading of the probation as 
they shall see cause 



CAP. 45. 

[1693, cap. 28.] 

Act anent the Common Good of Eoyall Bun-owes 

OUR Soveraigne Lord and Lady the King and Queens Majesties Considering that the 
Eoyall Burroughs of the Kingdome erected and provyded with their respective publick 
Qoods and Revenues by their Majesties Royall Ancestors are of late through the male- 
administration of the Magistrates and others to whom the Management of the said 
publick Goods and Revenues hath been committed fallen under great debts and 
burthens to the diminution of the dignity of Estate of Burroughs and the disableing 
them to serve the Crowne and Government as they ought and that the Care Oversight 
and Controll of the said publick Groods and Revenues and of the Administration 
thereof doth undoubtedly belong to their Majesties by virtue of their Prerogative 
Royall Have thought fitt to Declare in plain Parliament Likeas they doe hereby 
Declare that alse well for what is past as in time comeing Their Majesties will give 
Commissions one or more to such persons as they shall be pleased to nominate to 
inquire into the Condition and State of the Common Good and Revenues whatsoever 
of all the Royall Burroughs and how the samen hath been heretofore or shall bo 

182 



C. 45.] William and Mary, 1693. 

hereafter imployed or misim ployed and to call the malversers and misimployers to 
make accoropt and to Ordaine and Decerne them and every one of them to refound 
and repay or otherways repair the Burrough or Burroughs by them lesed as the saids 
Commissioners shall find them lyable And Their Majesties with advice and consent 
forsaid Declare That the Acts and Sentences of the saids Commissioners shall have the 
strength and effect of Acts and Sentences of the Court of Exchequer .... And 
farder that it shall not be lawful! for hereafter to the Magistrates and Town Councill 
of any Burgh Boyall to contract any Debt or give Bond for the samen Obligeing them 
and their Successors in Office without a previous Act made in the Town Councell in 
their fullest Convention .... Condescending upon the Causes and Uses for which 
the saids Debts are contracted and Bonds granted Certifying the forsaids Magistrates 
and others who shall contract Debts and grant Bonds without the said previous Act or 
if the causes and uses condescended on in the said Act shall not be found to be just 
true and reall that in any of the saids Cases the saids Contracters and Subscribers 
shall be personally lyable they and their heirs and successors in their private Fortunes 
to relieve and disburthen the Town of the saids Debts and that by Decreete of the 
Lords of Session at the instance of any Burgess of any of the saids Burroughs who 
hath borne the Office of Provest Baillie or Dean of Oild within the samen but 
prejudice always to the Right and Security of the party Creditor as likewayes but 
prejudice to any private persons Rights as to any of the saids Burghs as accords " 

[In pari rep., 6 Ed. 7 c. 38 (S.LR.),] 



CAP. 51. 

[1693, cap. 30.] 

Act and Ratification auent the Communication of Trade to Burghs of 

Barony and Regality 

FORASMUCH as the Convention of the Royall Burrowes Holden At Dundee the 
Thirteenth of July One thousand Six Hundred and Nyntie two being willing to 
communicate the Benefite of Trade allowed to them by the Laws and Acts of Parlia- 
ment in favours of Burroughs of Regalities Baronies and others that could relieve 
them of a proportionall part of the Burthen imposed upon Trade did by a Contract of 
the Date the day of One thousand Six hundred years Grant 

Power and Commission to Master John Buchan Advocate their Agent and to his 
substitutes for whom he shall be answerable for the space of three or nve years in the 
option of the said Mr John to cause put the Act of Parliament made in their favoures 
upon the fourteenth day of June One thousand Six hundred and Nyntie years to 
execution against unfree Traders and to apply all the ffynes Penalties and Casualities 
to his and tneir own use [and behove and to Communicate the benefite of trade to 
Burghs of Regalities Barronies and vthers dureing the said space] as he should think 
fitt reserving always power to the Royall Burrou^s for the ffreeaome and priviledge 
of Trade to grant the same upon such Compositions as they shall think fitt provyding 
allways the saids Compositions were payed in to the said Master John ffor which he 
is obliged to relieve the saids Royall Burroughs during the space forsaid of ten pounds 
of the Hundred pounds of the Taxt Roll imposed upon the Royall Burroughs by Act 
of Parliament as the said Contract more fully bears OUR SOVERAIGNfi LORD and 
LADY and the Estates of Parliament considering how just and advantagious Com- 
munication of Trade will be to the haill Lieges when the same is granted by the 
Royall Burroughs for relief of a proportionall parte of the burthen imposed upon them 
for their Trade Therefore their Majesties with advice and consent of the Estates of 
Parliament Doe Ratify Approve and Confirme the said Contract in its haill heads 
Clauses and Articles above written And their Majesties with advice and consent 
forsaid Statute and Ordaine that sicklike execution shall pass against the Burghs of 
Regalities Baronies and others for inbringing the proportions of the burthen to be 

183 



C. 51.] William and Mary, 1693. 

payed by them for relief of the Kovall Burroughs which any of them bath already or 
hereafter shall agree unto io consideration of the benefite of Trade communicate to 
them sicklike and in the same manner as is usuall for inbringin^ of the Cess payable 
to their Majesties by the Boyall Burroughs and farder their Majesties with advice 
and consent forsaid Doe hereby expressly Statute and Ordain that after the expyreing 
of the forsaid Contract betwixt the said Koyall Burroughs and Mr John Buchan their 
A^ent the forsaid Communication of Trade shall continue and be perpetuate unto the 
saids Burghs of Kegalities Baronies and others upon the paying or relieveing the 
Boyall Burroughs of a just proportion of the hundred pound of the Taxt Boll imposed 
upon them by Act of Parliament e£feirand and correspondent to their Trade and 
which proportion shall be equally condescended upon by the said Boyall Burroughs 
at their first generall meeting after expiration of the said Contract and thereafter as 
often as they meet for altering of their Taxt Boll and in case any mistake or inequality 
shall happen in the adjusting the said proportion to be payed by the Burghs of 
Begalities Baronies and others conform to the Trade as aforesaid then and in that 
case the said Burghs are hereby allowed to apply themselves to the Parliament for 
regulateing and determineing the forsaid Quota according as they shall see just and 
upon the Division swa to be made of the said Quota then the said Boyall Burroughs 
are to distribute and proportion the samen amongst the saids Burghs of Begalities 
Baronies and others according to their respective Trades .... 

[In pari rep., 6 Ed. 7 c. 38 (S.LR.).] 



184 



C. 6.] WUliam. 1695. 



ACTA PARLIAMENTOKUM GULIELMI. 



PARLIAMENT AT EDINBUKGH, 9th may 1695. 

CAP. 6. 

[1695, cap, 4.] 

Act anent the Justice Court 

OUR SoveraigD Lord for the better Regulating of the Justice Court and facilitating 
and more sure ordering of the form and method of processes therin used Do therefore 
with advice and consent of the Estates of Parliament Statute and Ordain that in all 
time coming the use and custom hitherto observed in that Court of Advocats or 
Procurators their dictating and the Clerks wnting of the Defences Duplyes Tripyles 
Quadruplyes and so furth for the defender and pursuer be discharged and laid aside 
And that in place thereof His Majesty's Advocat or other Advocats or Procurators 
for the Pursuer with the Advocats or Procurators for the Defender or Pannell debate 
the relevancy viva voce .... And his Majesty with advice and consent forsaid 
Ratifyes approves and confirms the whole rights powers and priviledees of the said 
Court of Justice and of the Lord Justice General Lord Justice Clerk and other Judges 
and all other members therof .... 

[In pari rep., 6 Ed, 7 c, 38 (S.L.B,),] 



CAP. 7. 

[1695, cap. 5.] 

Act anent Principals and Cautioners 

HIS Majesty and the Estates of Parliament considering the great hurt and prejudice 
that hath befallen many persons and ffamilies and oft times to their utter mine and 
undoing by mens facility to ingage as Cautioners for others who afterwards failing 
have left a growing burden on their Cautioners without relief Therefore and for 
remead therof His majesty with advice forsaid Statutes and Ordains that no man 
binding and ingagiug for hereafter for and with another conjunctly and severally in 
any bond or Contract for soumes of money shall be bound for the said soumes for 
longer than seven years after the date of the bond bot that from and after the said 
sevin years the said Cautioner shall be eo ipso free of his Caution And that whoever 
is bound for another either as express Cautioner or as Principal or Co-principal shall 
be understood to be a Cautioner tojhave the benefit of this Act providing that he have 
either clause of relief in the bond or a bond of relief a part intimat personally to the 
Creditor at his receavin^ of the bond without prejudice allways to the true principals 
being bound in the whole contents of the bond or Contract As also of the said 
Cautioners being still bound conform to the terms of the Bond within the said sevin 

fears as before the making of this Act As also providing that what legal diligence by 
nhibition Horning Arreastment Adjudication or any other way shall be done within 

185 



C. 7.] William, 1695. 

the sevin years by Creditors against their Cautioners for what fell due in that time 
shall stand good and have its course and effect after the expiring of the sevin years as 
if this Act had not been made 



CAP. 8. 

[1695, cap, 6.] 

Act Regulating the Sale and Payment of Bankrupts Estates 

HIS MAJESTY with advice and consent of the Estates of Parliament for the further 
clearing and explaining of former Lawes anent the Sale of Bankrupts Estates Statutes 
Enacts and Declares that it shall be lawfuU to all purchasers of Bankrupts Estates 
after the space of one year counting from the Decreet of Sale after the term of 
Whitsunday One Thousand Six hundred and nyntie Six years to consign the whole 
price offered with the annualrent due at the time of the Consignation or so much 
therof as remains in the hands of the purchaser over and above what is warrantably 
payed to Creditors preferred by the Lords of Session .... And because purchasers 
of Lands affected with liferents have retention of a share of the price It is hereby 
declared that the purchaser shall be allowed to consign what remains in his hands 
after the deceas of the Liferenter .... he alwayes making due intimation of the 
Consignation to the Creditors who got the rest of the price And his Majesty with 
Consent forsaid Statutes enacts and Declares that the purchaser paying the price 
offered to the Creditors according as they are or shall be ranked and preferred by the 
Lords of Session or consigning the same .... shall be forever exonered and the 
Security given for the price shall be delivered up to be cancelled and the Lands and 
others purchased and acquired disburdened of all debts or deeds of the Bankrupt or 
his predecessors from whom he had right and that the Bankrupt his heirs or appearand 
heirs or Creditors without exception of minority not compearing or conceaving them- 
selves to be prejudged shall only have access to pursue the receavers of the price and 
their heirs and reserving to the minor Isesed his relieffe as accords .... As also in 
case any debate remain undetermined amongst the Creditors anent their preferences it 
shall be lawfull to the saids Lords upon application of the saids Creditors to grant 
warrand for uplifting and imploying the soumes consigned upon sufficient Security 
bearing annualrent 

[In part rep., 6 Ed, 7 c, 38 {S,LB,),] 



CAP. 35. 

[1695, cap, 22.] 

Act against Intruding into Churches without a Legal Call and Admission thereto 

OUK Soveraign Lord Considering That Ministers and Preachers their Intruding 
themselves into vacant Churches Possessing of Manses and Benefices and exerceing 
any part of the Ministerial ffunction in Paroches without a legal Call and Admission 
to the saids Churches is an high contempt of the Law and of a dangerous consequence 
tending to perpetuat Schism Therefore His Majesty with advice and consent of the 
Estates of Parliament Statutes and Declares that whoever hereafter shall intrude 
themselves into any Church or shall possess Manse or Benefice or shall exercise any 
part of the Ministerial function within any Paroch without an orderly Call .... 
and legal Admission from the Presby trie within whose bounds it lyes shall be incapable 
of enjoying any Church or Stipend or Benefice within this Kingdom for the space of 
sevin years after their removal from the Church and quitting possession of the Stipend 
and Benefice into which they intruded Likas his Majesty with advice and consent 
forsaid does hereby Remitt the Execution of this present Act to Shirriffs Stewarts 

186 



C. 35.] WUliam, 1695. 

Baillies of Bailiaries and Kegalities and their Depute and to Magistrate of Burrowes 
Royal who are hereby Authorized and required to Remove and Declare incapable ut 
supra all these who shall hereafter intrude into Churches within their respective 
Jurisdictions upon complaint from the Presbytrie or any person having Warrant from 
the Presbytrie within whose bounds the saids intrusions shall happen to be made 
hereafter and that upon Citation of ten dayes Ordaining hereby Letters of homing 
and Caption to be direct in communi forma upon Decreets to be given by the saids 
inferiour Judges for compelling the saids Intruders to remove from the saids Churches 
and Manses and to quit possession of the saids Stipends and Benefices and to desist 
and ceass from exerceing any Ministerial Acts within the saids Paroches into which 
they shall hereafter intrude .... 

[In part rep., 6 Ed, 7 c. 38 (S.LB.),] 



CAP. 36. 

[1695, cap. 23.] 

Act anent Lands lying Run-rig 

OUR Soveraign Lord and the Estates of Parliament Taking into their Consideration 
the great Disadvantage arising to the whole Subjects from Lauds lying run-rig and 
that the same is highly prejudicial to the Policy and Improvement of the Nation by 
planting and inclosing conform to the several Lawes and acts of Parliament of before 
made thereanent For remeid wherof His Majesty with the Advice and Consent of the 
said Estates Statutes and Ordains that wherever Lands of diflferent Heretors ly run- 
rig it shall be leisum to either party to apply to the Shirriffs .... or Justices of Peace 
of the several Shires where the Lands ly to the effect that these Lands may be divided 
according to their respective interests who are hereby appoynted and authorized for 
that effect And that after due and lawfull Citation of all parties concerned at an 
certain day to be prefixed by the said Jud^e or Judges It is alwayes hereby Declared 
That the saids Judges in making the forsaid Division shall be and are hereby restricted 
so as special regaird may be had to the Mansion houses of the respective Heretors and 
that there may be allowed and adjudged to them the respective parts of the Division 
as shall be most commodious to their respective Mansion houses and Policy and which 
shall not be applicable to the other adjacent Heretors As also it is hereby Provided 
and Declared That thir presents shall not be extended to the Burrow and Incorporat 
Acres bot that notwithstanding hereof the same shall remain with the Heretors to 
whom they do belong as if no such Act had been made 

[In part rep., 6 Ed. 7 c. 38 (S.LM.).] 



CAP. 51. 

[1695, cap. 27.] 

Act concerning the Church 

OUR Soveraign Lord . . . . with the advice and consent of the Estates of Parliament 
.... for the greater encouragement of all Ministers of the Gospel not only Ratifyes 
the Act of Parliament One thousand Six hundred and Sixty nyne forbiding all 
Suspensions of Special Decreets and Charges for Ministers stipends or the rents of 
their benefices except on production of Discharges or upon Consignation in manner 
therein provided But further Statutes and Ordains that there be no Advocation or 
sist of proces granted of actions for the said stipends or rents or benefices when 
persued before inferiour Judges And that in the case of a Decreet there be neither 

187 



C. 51.] WUliam. 1695. 

Suspension nor sist of execution granted except on production of clear Discharges or 
Consignation as said is And if any Suspension be past that the same be summarly 
disscust at the instance of the Charger without abiding the order and course of the 
Boll And that if the Letters be found orderly proceeded the Suspender be also 
Decerned at least in a fifth part more than the sums charged for with what more 
the Lords shall Judge reasonable to be payed to the Charger for his expenses and 
Damnage And if any Minister shall happen to pursue for his Stipend by way of 
ordinary Action before the Lords It is hereby farther Ordained that the same be 
summarly proceeded in and Disscussed without abiding the Course of the Boll .... 

[In part rep., 6 Ed. 7 c. 38 (S.LB.).] 



CAP. 54. 
[1695, cap. 30.] 



Act for Preservation of Meadowes Lands and Pasturages lying 

adjacent to sand hills 

OUB Soveraign Lord Considering that many Lands Meadowes and Pastura^ lying 
on the Sea Coasts have been ruined and overspread in many places of this nlingdom 
by sand driven from adjacent sand hills the which has been mainly occasioned by the 
pulling up by the Boot of Bent Juniper and broom bushes which did loose and break 
the surface and scroofie of the saids hills and particularly Considering that the 
Barrony of Cowbin and house and yairds thereof lyin^ within the Shirriffdom of 
Elgin is quite ruined and overspread with sand the which was occasioned by the 
forsaid bad practice of pulling the Bent and Juniper Therefore His Majesty with 
advice and consent of the Estates of Parliament for preventing of the like prejudices 
in time coming Does strictly Prohibit and Discharge the Pulling of Bent Broom or 
Juniper off sand hills for hereafter either by the proprietars themselves or any other 
whatsomever the same being the natural fences of the adjacent Countries to the saids 
hills Certifying such as shall contraveen this Act they shall not only be lyable to the 
damnages that shall therthrough insue but shall likewise be lyable in the soum of 
ten pounds of penalty the one halfe thereof to belong to the Informer and the 
other halfe to the Judge within whose Jurisdiction the said Contravention shall 
be committed 



CAP. 69. 

[1695, cap. 38.] 

Act concerning the Dividing of Commonties 

OUB Soveraign Lord with Advice and Consent of the Estates of Parliament for pre- 
venting the disscords that arise about Commonties and for the more easie and expedit 
deciding thereof in time coming Statutes and Ordains that all Commonties excepting 
the Commonties belonging to the King and Boyal Burrowes that is all that belong 
to his Majesty in property or Boyal Burrowes in Burgage may be divided at the 
instance of any having interest by Summonds raised against all persons concerned 
before the Loras of Session who are hereby Impowered to disscuss the Belevancy and 
to determine upon the rights and interests of all parties concerned and to value and 
divide the same according to the value of the rights and interests of the several parties 
concerned and to grant Commissions to Shirriffs Stuarts Baillies of Begality and their 
Deputs Justices of Peace or others for perambulating and taking all other necessary 
probation Which Commissions shall be reported to the saids Lords and the saids pro- 
cesses ultimatl^ determined by them And where mosses shall happen to be in the 
saids Commonties with power to the saids Lords to divide the saias mosses amongst 

188 



C. 69.] WUliam. 1695. 

the several parties having interest therein in manner forsaid or in case it be Instructed 
to the saids Lords that the saids mosses can not be convenientlv divided His Majesty 
with consent forsaid Statutes and Declares the said mosses shall remain common with 
free ish and entrie thereto whither divided or not Declaring also that the interest of 
the Heretors having right in the said Gommonties shall be estimat according to the 
Valuation of their respective Lands or properties And which Divisions are appoynted 
to be made of that part of the Gommonty that is next adjacent to each heretors 
property 



CAP. 71. 

[1695, cap, 40.] 

Act anent Letters passing the Signet 

OUR Soveraign Lord with advice and consent of the Estates of Parliament for reviv- 
ing and preserving the good order that ought to be keept in the passing of Writs 
under the Sienet Statutes and Ordains that all Writs passing under the Signet called 
the Signet ot the Lords of Session be subscribed by a Writer as Clerk to the said 
Signet Excepting allenuarly herefrom Letters of diligence in processes before the 
Session .... which are to be subscribed by the Clerks of Session And his Majesty 
with advice forsaid prohibits the keeper of the said Signet to affix the same to anv 
Letters not Subscribed as above any custom or practice in the contrary notwithstand- 
ing and that as he will be answerable upon his perrill 

[In part rep., 6 Ed. 7 c. 38 (&i.5.).] 



CAP. 72. 

[1695, cap. 41.] 

Act anent Executry and Moveables 

OUR Soveraign Lord Considering that the Law is defective as to the affecting with 
legal diligence the moveable Estate which pertained to a Defunct either for his 
own or bis nearest of kins debt in such manner as a Defuncts heretage may be 
affected by charging to enter heir in the known manner Doth therefore with advice 
and consent of the Estates of Parliament Statute and Ordain that in the Case of 
a moveable Estate left by a Defunct and falling to his nearest of kin who lyes out 
and doth not confirm the Creditors of the said nearest of kin may either require the 
Procurator fiscal to confirm and assign to them under the perril and pain of his 
being lyable for the debt if he refuse or they may obtain themselves Decerned 
Executors Dative to the defunct as if they were Creditors to him With this provision 
allwayes that the Creditors of the Defunct doing diligence to affect the said movable 
Estate within year and day of their debitors deceas shall alwayes be preferred to the 
diligence of the said nearest of kin And it is further Declared that in the case of any 
depending Cause or Clame a^nst a Defunct the time of his deceas it shall be leisom 
to the persuer of the said Cause or Clame to charge the Defuncts nearest of kin 
to confirm Executor to him within twenty dayes after the Charge ^ven which Charge 
so execute shall be a passive title against the person charged as if he were a vitious 
Intrometter unless he Renunce and then the Charter may proceed to have his debt 
Constitut and the hssreditas jacens of moveables declared lyable by a Decreet Cog- 
nitionis causa upon the obtaining wherof he may be Decerned Executor Dative to the 
defunct and so affect his moveables in the common form 



189 



C. 5.] William. 1696. 



PAKLIAMENT AT EDINBURGH, 8th September 1696. 

CAP. 5. 

[1696, cap. 5.] 

Act for Declaring nottour Bankrupt 

OUR Soveraign Lord Considering that notwithstanding of the Acts of Parliament 
already made against fraudfuU alienations by Bankrupts in prejudice of their 
Creditors yet their frauds and abuses are still very frequent Does therfor and for 
the better Restraining and obviating therof in time comeing with advice and consent 
of the Estates of Parliament Statute and Declare That for hereafter if any Debitor 
under diligence by Horning and Caption at the instance of his Creditor be either 
imprisoned .... or flee or abscond for his Personall Security or defend his person 
by force and be afterwards found by sentence of the Lords of Session to be insolvent 
shall be holden and repute on these three joint grounds videlicet Diligence by Horn- 
ing and Caption and insolvencie joyned with one or other of the said alternatives of 
imprisonment .... or fleeing or absconding or forcible defending to be a nottour 
Bankrupt and that from the time of his forsaid imprisonment .... fleeing abscond- 
ing or forcible defending Which being found by Sentence of the Lords of Session at 
the instance of any of his Just Creditors who are hereby empowered to raise and 
prosecute a declarator of Bankrupt theranent His Majestic with Consent of the 
Estates of Parliament Declares all and whatsomever voluntar dispositions assigna- 
tions or other deeds which shall be found to be made or granted directly or indirectly 
be the forsaid dyvor or Bankrupt either at or after his becomeing Bankrupt or in the 
space of Sixty dayes of befor in favors of any of his Creditors either for their satis- 
faction or farther Security in preference to other Creditors to be voyd and null Likeas 
it is declared that all Dispositions Heretable Bonds or other heretable rights where- 
upon infeftment may follow granted by the forsaid Bankrupts shall only be reckoned 
as to this case of Bankrupt to be of the date of the Sasine lawfully taken theron but 
prejudice to the Validity of the said Heretable rights as to all other effects as formerly 
And because infeftments for relief not only of debts already Contracted but of debts 
to be Contracted for thereafter are often found to be the occasion or covert of frauds 
It is therfor farder declared That any Disposition or other rights that shall be granted 
for hereafter for relieff or security of debts to be contracted for the future shidl be of 
no force as to any such debts as shall be found to be Contracted after the Sasine or 
Infeftment following on the said Disposition or nght but prejudice to the validity of 
the said disposition and right as to other points as accords And lastly His Majestic 
and the Estates of Parliament Do hereby Statute and ordain That if any Person shall 
for hereafter defraud his Creditors and be found by Sentence of the Lords to be a 
fraudulent Bankrupt the degree of his fraud shall also be determined by the same 
sentence and the Person guilty not only held to be infamous Infamia Juris but also 
be by them Punished by Banishment or otherwayes (death excepted) as they shall 
see cause .... And this but prejudice of all former acts anent Bankrupts which 
are still to stand in their full force 

[In part rep., ^andl WiU. 4 c 56 s. 18 (wwi 6 Ed. 7 c. 38 {S.L.R.).] 



CAP. 8. 

[1696, cap. 8.] 

Acrr anent the Nomination of Tutors and Curators 

OUR Soveraign Lord and the Estates of Parliament Considering that Tutors nominat 
by a father to his Children are persons in whom he reposeth the greatest trust and 

190 



C. 8.] William. 1696. 

that tho tutors nominat frequently decline the office being unwilling to subject them- 
selves to the hazards of Omissions of being oblidged in solidum each of them for 
others And likewayes Considering that the father can make a better choise of Curators 
for his Children who are minors then the minors could make for themselves Therfor 
His Majestic with advice and consent of the Estates of Parliament Statutes and 
Ordains that it is and shall be lawfull for the father by ane act or deed in his leige 
poustie to make a nomination of such Persons as he thinks fit to be tutors and of 
such Persons as he thinks fit to be Curators to his Children dureing their Minority 
Containing this Provision and Quality That the saids Tutors or Curators shall not 
l)e lyable for Omissions but for their actuall intromissions with the means and estate 
descending from the father and other deeds of administration theranent And that 
each of them shall only be lyable for himselfe and not in solidum for others And it 
is hereby Statute and ordained That the Tutors or Curators so nominat shall not be 
Ivable for Omissions but only for their actuall intromissions with the means and estate 
descending from the father and other deeds of administration theranent and that each 
of them shall only be lyable for himself and not in solidum for others And that the 
Curators named by the father accepting befor the Jud^e ordinary in the terms of 
their nomination shall have right to ezerce the office dureing all the years of the 
minority And it is hereby Declared that where the same Persons are named by the 
father to be both Tutors and Curators it shall be lawfull and free for those who shall 
accept and exerce the office of Tutory to decline or accept as Curators after the 
Pupillarity expires as they think fit Declaring allwayes that if the condition of any 
of the Tutors or Curators to be named with the qualities afterspecefeit shall change 
and become such as any near relation to the pupil or minor shall think fit to represent 
the same to the Lords of Session to the end after mentioned Then and in that case 
the saids Lords are hereby empowered upon the said Complaint and a citation upon 
it without abideing the order of the Roll to ordain the forsaid Tutor and Curator 
upon such reasons as they shall find probable either to find good and sufficient Caution 
for their administration or to remove and if He refuse to Remove him And lastly 
Provyding That nothing in this act shall liberat from or dispense with the makeing 
of Inventars 



CAP. 9. 

[1696, cap. 9.] 

Act of Prescription anent Tutors and Curators accompts 

OUR Soveraign Lord and the Estates of Parliament considering the great danger and 
hazard to which Tutors and Curators are exposed by being subject to Compt and 
Reckonings to their Pupills and minors unless secured by the prescription of fourty 
years after the majority of the saids Pupills and minors Therfor His Majesty with 
the advice and consent of the Estates of Parliament Statutes and Ordains that all 
actions of Compt and Reckoning competent to pupills and minors against their Tutors 
and Curators for makeing their accompts not persued and insisted in within the space 
of ten years after the majority of the saids pupills and minors or after their death 
they dying in their minority shall after that time prescribe for ever And the .saids 
Tutors and Curators and their Successors shall be als fully Exonerat and Liberat as 
if the saids Pupills and Minors after their majority had fully and amply Discharged 
the same And Declares that the contrary action at the instance of Tutors and Curators 
against their Pupills and minors shall prescribe in the same manner within ten years 
Declareing allwayes That this prescription shall not run against minors ^ . . • 

[In part rep., 6 Ed. 7 c. 38 (S.LR.).] 



191 



C. 14] WUliam. 1696. 

CAP. 14. 

[1696, cap, U.] 

Act in favors of Universities Schools and Hospitalls 

OUR Soveraign Lord and Estates of Parliament being resolved to give all due 
encouragement to Universities Schools and Hospitalls Do therfor extend the Acts and 
Lawes made in favors of Ministers of the Qospell for their more easy and speedy 
ingathering of their Stipend videlicet That there be no suspension except on Con- 
signation and as to allowance of Expenses and Summar Proces to Universities Schools 
and Hospitalls to the effect they may have the same benefite therof for uplifting and 
ingathering their rents and debts that the forsaid Ministers have for their Stipends 



CAP. 15. 

[1696, cap, 15.] 

Act allowing Securities &c. to be written book wayes 

OUR Soveraign Lord understanding the great trouble and inconveniency the Leidges 
are put to in finding out of clauses and passages in long Contracts Decreits Disposi- 
tions Extracts Transumpts and other Securities consisting of many sheets battered 
togither which must be either folded or rolled togither Doth for remeid therof with 
advice and consent of the Estates of Parliament Statute and Ordain that it shall be 
free hereafter for any person who hath any Contract Decreit Disposition or other 
Security above mentioned to write to choose whither he will have the same written in 
Sheets battered togither as formerly or to have them written by way of book in Leafs 
of Paper either in folio or quarto Frovideing that if they be written bookways every 

K^e be marked by the number first second &c. and Signed as the margines were 
tote and that the end of the last page make mention now many pages are therin 
contained in which page only witnesses are to signe in writts and Securities where 
witnesses are required by Law And which writts and Securities being written book- 
way es marked and signea as said is His Majestic with consent forsaid declares to be 
als valid and formall as if they were written on severall Sheets battered togither and 
signed on the margine according to the present custome 



CAP. 18. 

[1696, cap. 18.] 

Act anent Registration of Seasins and other writts and diligences 

OUR Soveraign Lord considering that unless Seasins and other writts and diligences 
appointed to be Rogistrat be booked and insert in the respective Registers appointed 
for that effect the Leidges cannot be certiorat therof which is the great use and 
designe of their Registration Doth therfor with advice and consent of the Estates of 
Parliament Statute and Declare that no seasine or other writt or diligence appointed 
to be Registrat shall be of any force or effect against any but the granters and their 
heirs unless it be duely booked and insert in the Register .... and declares that 
Parties Lesed by the omission or negligence of Clerks to book and insert in the 
Register such writts as are presented to them and which they attest on the back to 
be Registrat shall have action of damnadge against the heirs and representatives of 
the saids Clerks though no such actions be commenced in the Clerks lifetime 

[In pari rep., 6 Ed. 7 c. 38 (S.L,R,),] 

192 



C. 19.] William. 1696. 

CAP. 19. 

[1696, cap. 19.] 

Acrr for Begistrating of Summonds that shall be made ase of for Interruptions 

OUR Soveraign Lord considering that for the Security of Purchasers and other 
singular Successors It is necessar that all Summonds and Executions therupon which 
shall be made use of for Interruptions of Prescription of reall rights and all Instru- 
ments of interruption shall be Registrat that the Leidges may know of the samen 
Therfore His Majestic with advice and consent of the Estates of Parliament Statutes 
and Ordains That in time comeing all summonds made use of for Interruptions of 

Prescription of reall rights shall pass under the signet and contain all the 

grounds and warrands upon which it proceeds and that the Summonds and Executions 
therof and all instruments of interruption be Registrat .... within Sixty dayes 
after the date of the Execution and instrument of Interruption .... Declareing tnat 
if the said Interruptions shall not be duely registrat as above the same shall be of no 
force nor effect for interrupting the Prescription of reall rights as to Purchasers and 
singular Successors But prejudice to have the effect of ane interruption as to the 
persons against whom the same is execute and Instrument taken .... And declares 
all interruptions that shall be made via facti for interrupting the prescription of real 
rights shall have no effect as to purchasers and singular Successors unless ane Instru- 
ment be taken therupon and registrat in manner forsaid But the said interruptions 
via facti shall only be effectuall as to the Heritor and Possessor of the ground but no 
others .... 

[In part rep., 6 Ed. 7 c. 38 {S.L.R.).] 



CAP. 20. 

[1696, cap. 20.] 

Act anent vitious Intromettors 

OUR Soveraign Lord considering that many times the nearest of kin and others doth 
Intromet with the moveables of persons deceist without Confirmation and imbazles 
the saids moveables in defraud of lawfuU Creditors and when they come to be pursued 
at the instance of anv of the Creditors for beins lyable to the defuncts debt as 
vitious intromettors they ordinarlv defend themselves with this pretence that there 
is ane Executor Creditor confirmea befor the intonting of the action Wheras a third 
party Confirming Executor Creditor in a particular subject ought not to free the 
intromettor from the passive title of vitious intromissions when the intrometter has 
no right from the Executor Creditor Therfor for obviating such frauds in time comeing 
His Majestic with advice and consent of the Estates of Parliament Statutes Ordaines 
and Declares that the nearest of kin and others intromettors with the moveables of 
any defunct who are not Executors confirmed to them nor hath right from the 
Executor Creditor befor his intromission are and shall be lyable as vitious intro- 
mettors notwithstanding that there is a third party Confirmed Executor in a 
particular debt or subject 



CAP. 25. 

[1696, cap. 25.] 

Act anent Blank Bonds and Trusts 

OUR Soveraign Lord considering that the Subscriveing of Bonds Assignations and 

Dispositions and other deeds blank in the name of the person in whose favors they 

s. A. 193 13 



C. 25.] William. 1 696. 

are granted as also that the intrusting of persons without any declaration or backbond 
of Trust in writing from the persons intrusted are occasions of fraud as also of many 
pleas and contentions Doth therfore with advice and consent of the Estates of Parlia- 
ment Statute and Ordain that for hereafter no bonds assignations dispositions or other 
deeds be subscrived blank in the person or persons name in whose favors they are 
conceived and that the forsaid person or persones be either insert before or at the 
Subscriveing or at least in presence of the same witnesses who were witnesses to the 
Subscribing befor the delivery Certifieing that all writs otherways Subscribed and 
delivered blank as said is shall be declared null And farder that no action of declarator 
of trust shall be sustained as to any deed of trust made for hereafter except upon 
a declaration or backbond of trust lawfully Subscribed by the person alleadged to be 
the trustee and against whom or his heirs or assigneyes the Declarator shall be intented 
or unless the same be referred to the oath of party simpliciter Declaring that this Act 
shall not extend to the indorsation of Bills of Exchange or the notes of any tradeing 
Company 



CAP. 35. 

[1696, cap. 33.] 

Act against Killers of Black Fish and Destroyers of the Fry and Smolts of Salmond 

.... in respect that the Salmond fishing within this Kingdom is much prejudged 
by the height of miln dams that are earned through the rivers where salmond are 
taken His Majestic with consent of the Estates of Parliament Ordains a constant slop 
in the mid stream of each miln dam dyke and if the dyke be settled in severall grains 
of the river that there be a slop in each grain (except in such rivers where cruives are 
settled) and that the said slop be als big as conveniently can be allowed Provideing 
allwayes the said slop prejudge not the going of the milns situat upon any such rivers 
Likeas His Majestic with consent forsaid discharges all fishing at such miln dam 
dykes with nets stented or other wayes or any other Engynes whatsomever .... 

[In part rep., 6 Ed. 7 c. 38 {S.L.R.).] 



CAP. 38. 

[1696, cap. 36.] 

Act anent Inland Bills and Precepts 

OUR Soveraign Lord with advice and consent of the Estates of Parliament Statutes 
Enacts and Declares that the same Execution shall be competent and proceed upon 
Inland Bills or Precepts as is provided to pass upon Forraigne Bills of Exchange 
by the twentieth Act of the third Parliament Kin^ Charles Second holden in anno 
JM yjc and Eighty one which Act is hereby Extenaed to Inland Bills and Precepts 
in all points 



CAP. 41. 

[1696, cap. 39.] 

Act anent Registration of Writts after the Granters decease 

OUR Soveraign Lord with advice and consent of the Estates of Parliament Statutes 
and Declares that all Bonds Dispositions Assignations Contracts and other Writts 
Registrable may be Registrat after the Granters death sicklike and in the same 

194 



C. 41.] William. 1696. 

manner and shall make als much faith in Judgement and outwith the same as if the 
saids Writts were Eegistrat before the granters decease notwithstanding of whatsoever 
Laws or customs in the contrair 



PARLIAMENT AT EDINBURGH, 19th july 1698. 

CAP. 2. 

[1698, cap. 2.] 

Act for preventing of disorders in the Supplying and Planting of vacant Churches 

OUR Soveraign Lord with advyce and consent of the Estates of Parliament for 
Remeeding the godless abuse of rabling that of late hath so frequently happened in 
opposition to Ministers orderly sent to Supply vacant Churches and for facilitating 
of the supplying and planting of vacant Churches and removeing all impediments 
and disorders that may obstruct the same strictly Prohibites and Discharges all persons 
whatsomever to make any opposition by rableing tumult or any other manner of 
violence to any Minister lawfully authorized and sent to preach at any vacant Church 
within the Kingdom either for supplying of the said vacancy or to ezerce the Minis- 
teriall function as fixed Ministers of the paroch and that under the pains of a Hundred 
pounds upon every Heretor or Lyferenter and of fifty merks upon any other unlanded 
person toties quoties And for such delinquents as a^e not able to pay that they shall 
be punished in their persons as the Lords of Privy Councill shall see cause And farder 
for the better repressing of the forsaid opposition by rableing tumult or any other 
manner of violence His Majestic with advyce and consent forsaid Ratifies and Extends 
to the case therof the Seventh Act of the Parliament I^ vj<^ and thirty three Intituled 
Act anent Invadeing of Ministers and that in manner and with the alterations follow- 
ing And therfor Statutes and Ordains that wherever any such rableing or tumult 
happens the Heretors and Lyferenters in whose bounds whither within or without 
the parish any of the persons delated and accused as guilty of or accessoiy to the 
same dwells or resides shall be holden upon intimation made to them by the Minister 
injured or by anv in name of the Presbitry who sent him to produce the forsaids 
persons guilty ana that they may be conveened befor the Lords of his Majesties Privy 
Councill for that effect Certifieing the said Heretors and Liferenters that if they 
either failyie to produce the said persons if resideing within their bounds when the 
forsaid intimation shall be made or if they shall suffer the said persons withdrawing 
or absenting the time of the said intimation therafter to reside and haunt openly 
within their bounds by the space of twenty dayes then and in these cases the said 
Heretors and Liferenters shall be esteemed Connivers with the delinquents and lyable 
as guilty art and part with them in their forsaid delinquency And because notwith- 
standing of the Act and Proclamation of Councill made in the year 1690 for the 
delivering of the Keyes of vacant Churches to the Presbitries or the persons haveing 
their order the persons havers therof do shift the same from hand to hand Therfore 
His Majestic with advice and consent forsaid Statutes and Ordains that where and 
whenever after requisition made by the Presbitry to the beddell or havers of the said 
keyes the same are refused and not given up then the nixt Magistrat Sherriff Lord of 
Regality or Baillie and their deputs or any Justice of Peace when required by the 
Presbitry or any from them shall repair to the said Kirk and there make open and 
patent the doors therof and put new Locks upon the same and delyver the Keyes to 
the said Presbitry or their order for their free use makeing of the same Certifieing the 
said inferior Magistrat who shall refuse when required to make the Church patent in 
manner forsaid he shall be lyable in the fyne of one hundred pounds Scots to be 
inflicted upon him by the Lords Privy Councill for the use of the poor of the paroch 
by and attour the Presbitries Expences 



195 



0. 3.] WUliam. 1698. 

CAP. 3. 

[1698, cap, 3.] 

Act against Pocknet fishing upon the Water of Forth 

HIS Majestie with advyce and consent of the Estates of Parliament Prohibites and 
Discharges all Salmond fishing or other fishing whatsomever in the Kiver of Forth 
above the Pow of Alloway on both sides of the said River with Pocknets Herry 
water nets or other ensynes or devyces whatsomever not expressly allowed by Law 
and to the prejudice o? the Heritors and their rights of Salmond fishing in the said 
River And impowers Warrands and Commands the Sherriff principall of the Shy re 
of Stirling Baillie of the Water of Forth and his Deputs to suppress the forsaid un- 
lawfull and prohibite manner of fishing and punish the users of the forsaid Pocknets 
Herry water nets and other unlawfull engynes by fyneing not exceeding the sum of 
Twenty pounds Scots toties quoties or Imprisonment as they shall see cause and to 
destroy all the forsaid unlawfull Engynes And that this they do as they shall be 
answerable 



CAP. 4. 

[1698, cap, 4.] 

Act concerning Registration of Probative Writs 

OUR Soveraign Lord considering that it will be of great ease and advantage to the 
Leidges that Probative Writs be allowed to be Registrat albeit they want a Clause of 
Registration Therefore His Majestie with advyce and consent of the Estates of Parlia- 
ment Statutes and Ordains that it shall be lawfull and leisum to Registrat for Con- 
servation all Chartors granted by Subjects Dispositions Bonds Contracts Tacks 
Reversions and all other Probative Writs in any publict au then tick Re^'ster that is 
competent albeit the saids Writs want a Clause of Registration .... and the Extract 
to make intire faith in all Cases in the same manner as if the saids Writs had been 
Registrat by vertue of a Clause of Registration except in the case of Improbations 

[In part rep,, 6 Ed, 7 c. 38 {S,L,R,),] 



CAP. 6. 

[1698, cap, 6.] 

Act against Clandestine and Irregular Marriages 

OUR Soveraign Lord with advyce and consent of the Estates of Parliament for 
rendering more cfilBctuall the .... 34 Act of the first Parliament 1661 .... 
Statutes and Ordains that the parties clandestinely and irregularly married contrare 
to the said Act 1661 Declare when required the names and desisinations of the 
Minister or person who Celebrat the said clandestine or irregular Marriages and of 
such as were Witnesses to the said Marriages with Certification that if thev refuse 
when required the forsaid parties married shall pay each Nobleman Two Thousand 
pounds each Baron and Landed Gentleman Two Thousand merks each Gentleman 
and Burgess one Thousand pound each other person Two Hundred merks to be 
applyed to pious uses within the parishes where the said persons dwell And furder be 
Imprisoned ay and while they do declare who were Celebrators of and Witnesses to 
the said Marriages and also make payment of the respective penalties above mentioned 
And for the better repressing of the said clandestine Marriages it is furder Statute 
and Ordained that over and above the pains contained in the said Act 1661 .... 

196 



C. 6.] William. 1698. 

asainst Clandestine and Irregular Marriages the Celebrator of the said Clandestine 
Marriage shall be lyable to be summarly seazed and imprisoned by any ordinar 
Magistrat or Justice of Peace and farder punishable bv the Lords of His Majesties 
Privy Councill not only by perpetuall banishment but by such pecuniall or corporall 
pains as the said Lords of rrivy Councill shall think fit to inflict As also that the 
Witnesses to the said clandestine Marriages shall be lyable each of them in the sum 
of ane Hundred pounds Scots toties quoties to be applied to the uses and in manner 
above mentioned or if insolvent to such corporall punishment as the said Lords shall 
think fit to determine 

[In part rep., 6 Ed. 7 c. 38 (5.Z.A).] 



CAP. n. 

[1698, cap. IL] 

Act for the Ease of small Vassalls of Bishops Lands now holden of the King 

OUR Soveraign Lord with advyce and consent of the Estates of Parliament for the 
farder ease of small Yassalls of Lands and others now holden of his Majestic by vertue 
of the twenty nynth Act of the second Session of this current Parliament intituled 
Act anent the superiority of Lands and others which formerly held of Prelates or 
Bishops and their Chapters to be now holden of the King and Queen Statutes and 
Ordains that not only the Signatures and Charters of the said Lands the valuation 
wherof is but one hundred pound Scots or under shall pass the Great Seal per saltum 
without passing any other Seal and that gratis without payment of Composition in 
Exchequer or other dues sicklyke as is provyded by the thirty second Act of the said 
Session of Parliment in favors of Vassalls of the said Lands where their valuation is 
only ten pound Scots or under But lykewayes that in case of their deceiss the speciall 
services .... shall be expede in his Majesties Chancellary for the sum of ten merks 
for all dues and drink money and that they shall be free of paying a seasine ox to the 
Sherriff .... and the dues to be payed by them to Sherriffs .... for equees shall 
not exceed the twenty part of their few dutie and this Act to be without prejudice 
to the other small Vassalls of the said Lands of the other priviledges provyded to 
them by the forsaid thirty two Act of the second Session of this Parliament 

[In pari rep., 6 Ed. 7 c. 38 {S.L.R.).] 



CAP. 35. 

[1698, cap. 16.] 

AcTT for preserving of Planting 

OUR Soveraign Lord with advyce and consent of the Estates of Parliament Ratifies 
and Approves all former Laws and Acts of Parliament made for planting and incloseing 
of ground And for makeing the samine more effectuall Statutes and Ordains that all 
tennents and cottars shall preserve and secure all growing wood and planting that is 
upon the ground they possess that none of it shall be cut broke or pulled up by the 
roots or the bark peilled off any tree and that under the pain to be exacted by their 
masters allennarly of ten pounds Scots for each tree within ten years old and twenty 
pound Scots for each tree that is above the said age of ten years unless the samine be 
done by warrand and order of the said master and heretor of the ground And ordains 
the tennent to be lyable for his wife children and servants or any others within his 
familie that shall contraveen this present Act 



197 



C. 39.] WiUiam. 1698. 

CAP. 39. 

[1698, cap, 20.] 

Act for settleing the Communication of Trade 

OUR Soveraign Lord for terminating the differences that have lately arisen betwixt 
the Burghs Royall and Burghs of Regality and Barony and others on the account of 
the Communication of Trade appointed by the Act of Parliament I^ vj^ and nynety 
three .... As also what should be the quota of the said Taxt Roll which should be 
laid for hereafter upon the said Burghs of Regality and Barony and others who should 
partake of the said Communication and how the same should be subdivyded and 
proportioned amongst them Doth with the advyce and consent of the Estates of 
Parliament Ratifie and Confirme the Communication of trade ordained by the forsaid 
Act and .... Statutes that the said Quota and Subdivision being once stated all 
persons inhabitants of the said Burghs partakeing of the Communication shall be 
lyable to be stented for the Quota appointed as the use is in Burghs Royall As also 
that for thereafter the said Burghs shall be lyable to the determination of the Con- 
ventions of Roval Burrows as to the alterations of their Quota as other Burghs Royall 
Provydeing allwayes that the Burgh to be altered be first called and that the said 
alterations shall not encrease the generall Quota laid upon unfree trade As lykewayes 
that in case of inequality the Burgh lesed may apply for remedy to the Parliament 
Lykeas in case of the increase or decrease of tracie it is hereby Declared that the 
Burghs concerned whether Royal or not may apply to the Parliament even as to the 
general Quotas 

[In pari rep., 6 Ed. 7 c. 38 (S.LR.).] 



PARLIAMENT AT EDINBURGH, 29th October 1700. 

CAP. 6. 

[1701, cap. 6.] 

Act for preventing wrongous Imprisonments and against undue delayes in Tryals 

OUR Soveraign Lord Considering it is the interest of all his good Subjects that the 
liberty of their persons be duely jsecured And that it is declared by the claim of right 
that the imprisonment of persons without expressing the reasons thereof and delaying 
to put them to tryal is contrare to Law Therefore His Majestic with advice and consent 
of the Estates of Parliament Statutes Enacts and Ordains that all Informers shall 
signe their Informations and that no person shall hereafter be imprisoned for custody 
in order to tryal for any crime or offence without a warrand in writ expressing the 
particular cause for which he is imprisoned and of which warrand the messenger or 
executor thereof before imprisonment or the keeper of the prison receiveing the same 
is hereby ordained to give a just double immediately under his hand to the prisoner 
himselfe for the end after specified Declareing that all warrands for imprisonment on 
the account forsaid either proceeding upon informations not subscribed or not express- 
ing the particular cause shall be void and null and the Judge or Officiar of the Law 
and all others whatsomever subscribeing the same and the Executor or keeper of 
the prison who shall receive and detain the person so wrongousUy orderod to 
be imprisoned or refuseing a double as said is shall be lyable in the punishment of 
wrongous imprisonment hereafter exprest .... And His Majestic with advice and 
consent forsaid farder Statutes and Ordains that upon application of any prisoner for 
Custody in order to tryal whither for capital or bailable Crimes to any of the Lords 
of Justiciary or other Judge or Judicatory competent for judgeing the crime or 
offence for which he is imprisoned and the said prisoner his produceing the said 
double of the warrand of his imprisonment under the Keepers hand the said Judge 
or Judicatory competent under the pain of wrongous imprisonment are hereby 

198 



-■-Em. 



C. 6.] William. 1700. 

Ordained within twenty four hours after the said application and petition is presented 
to him or them to give out letters or precepts direct to messengers for intimating to 
his Majesties Advooat or Procurator fiscall and party appearing by the warrand to be 
concerned if any be within the Kingdom to fix a dyet for the tryal within sixty dayes 
after the intimation Certifieing his Majesties Advocat or Procurator fiscall and the 
said party concerned that if they failyie the prisoner shall be discharged and set at 
liberty without delay For doing whereof the said Judge or Judicatory competent are 
hereby expressly warranted and strictly required and ordained to do the same under 
the penalty forsaid unless the delay be upon the prisoners petition or desire And the 
dyet of the tryal being prefixed the Magistrats of the place or Keeper of the prison 
shall then be oblidged to deliver the prisoner to a sufficient guard to be provided by 
the Judge his Majesties Advocat or rrocurator fiscal that the prisoner may be sisted 
before the Judge competent And his Majesties Advocat or rrocurator fiscal shall 
insist in the lybell and the Judge put the same to a tryal and the same shall be deter- 
mined by a final sentence within fourty dayes if before the Lords of Justiciary and 
thirty dayes if before any other Judge And if his Majesties Advocat or Procurator 
fiscal do not insist in the trval at the day appointed and prosecute the same to the 
conclusion as aforsaid His Majestic with advice forsaid Statutes and Ordains that the 
dyet shall then be simpliciter deserted and the prisoner immediately liberat from his 
imprisonment for that crime or offence And if no process be raised and execute within 
the time allowed or in case of not insisting at the dyet and bringing the process to 
a conclusion within the forsaid space it shall be lawfull to the prisoner to apply to the 
Justice Oeneral Justice Clerk or any of the Lords of Justiciary or Judge competent 
respective And upon his application and instructing that the limited time by law for 
insisting or concludeing the process is elapsed and instruments taken thereupon the 
said Justice Oeneral Justice Clerk Lords of Justiciary and Judge competent shall 
be oblidged within twenty four hours to issue out Letters or precepts direct to 
Messengers for chargeing the Magistrats or keepers of the prison where the prisoner 
is detained for setting him at liberty under the penalty of wrongous imprisonment in 
case of delay or refusal to grant the said letters or precepts or to set him at liberty 
after the Charge without prejudice to the keeper of the prison as to his dues in all 
cases of liberation as formerly before the makeing of this Act And the prisoner being 
liberat in manner forsaid it shall not be lawfuU to put or detain him in prison for 
the same Crime under the penalty of wrongous imprisonment in case his former 
liberation be made known to the Committer before the Warrand be granted or in case 
he be detained after his former imprisonment is sufficiently instructed to the keeper 
of the prison who upon production of the former warrand of his liberation from his 
imprisonment for the same Crime shall be oblidged to set the prisoner furthwith at 
liberty unless there be new criminal letters raised before the Commissioners of 
Justiciary and duely execute against the said prisoner In which case it is hereby 
Declared lawful! to imprison him of new tho the said Letters be raised for the same 
Crime for which he was formerly incarcerat And it shall be lawfull to apprehend and 
secure him at the time of Executing the saids Letters or at any time thereafter before 
tryal and to detain him till his tryal or that he be set at liberty in due course of law 
And his Majestic with advice and consent forsaid Ordains his Majesties Advocat to 
insist in the said lybell and prosecute the same to a final sentence within fourty dayes 
after the said prisoner is of new incarcerat thereupon unless the delay be upon the 
application or at the desire of the Prisoner Wherein if the Kings Advocat failyie the 
dyet is to be deserted simpliciter and the prisoner ordained to be set at liberty from 
the said imprisonment And the process not being duely prosecute as aforsaid and the 
dyet thereupon deserted His Majestie with advice and consent forsaid Declares the 
party imprisoned a second time as aforesaid to be for ever free from all question or 
process for the forsaid crime or offence Provideing allwayes that in case of imprison- 
ment for treason the prisoner shall not have access to apply for prefixing of a dyet for 
process for fourty dayes after his imprisonment which are hereby allowed for prepareing 
of the process After elapseing of which time the Lords of his Majesties Privy Councfl 
or Lords of Justiciary or any one of them are hereby required upon the application 
of the prisoner to issue furth precepts as in other cases And in case of not insisting 
or prosecuteing the process as aforesaid the prisoner shall be liberat upon sufficient 

199 



C. 6.] WUliam. 1700. 

baill to Compear at any time when called within twelve moneths for his ^ood and 
peaceable behaviour in the mean time the said baill not exceeding the double of the 
baill in other cnmes Declareing that the liberation provided by this present Act is 
only to be understood from imprisonments for the causes forsaid and without prejudice 
of all personal diligence or imprisonments for payment of debts or upon sentence or 
for any other causes than these above ezprest in the same way and manner as was com- 
petent before the makeing hereof .... Without prejudice also to inferior Magistrats 
Judges or Justices of the Peace and Constables to take security of persons for their 
good behaviour and keeping of the peace as they have been in use formerly to do or 
to imprisone in order to tryal for indignities done to the saids inferior Magistrats 
Judges or Justices of Peace or to imprisone .... vagabonds and masterfuU beggars 
or to imprison for rvots bloods and batteries or persons found acting in tumults or for 
drunkenness sabbath breaking and swearing uncleanness pickeries and thieveiug For 
which cases or any of them it shall be lawfull to proceed as formerly the person 
imprisoned haveing allwayes his relief by offering baill and demanding a tryall as 
above As also provideing that in the case of imminent or actual invasion rebellion or 
insurrection Commitments may proceed by order of the Privy Council or any five of 
their number upon suspicion of accession thereto without being lyable to any penalty 
for the said Commitment the person imprisoned haveing allwayes his relief for tryal 
or liberation as aforesaid And his Majestic with consent forsaid Statutes and Ordains 
that the pain of wrongous imprisonment shall be Six thousand pound for a Nobleman 
four thousand pound for a landed Gentleman two thousand pound for every other 
Gentleman and Burgess and four hundred pound for other persons And if any 
prisoner be detained after elapsing of the respective dayes in manner above prescribed 
for obtaining his liberty the Judges Magistrats or others wrongously detaining shall 
be lyable in the pains following videlicet of aue hundred pound for each day for 
a Nobleman sixty six pound thirteen shilling four pennies for a landed Gentleman 
thirty three pound six shilling eight pennies for other Gentlemen and Burgesses Six 
pound thirteen shilling four pennies for other persons And farder shall loose their 
offices and be incapable of publict trust by and attour the pains above specified and 
the penalty to belong to the party imprisoned and process to be competent for the 
same before the Lords of his Majesties Privy Council or before the Lords of Council 
and Session to be discussed by them summarly without abideing the course of the roll 
And it is hereby Declared that the above penalties shall not be modified by any power 
or authority whatsomever And his Majestic with advice and consent forsaid Extends 
this Act for preventing of wrongous imprisonment to the case of all confinements 
not either consented to by the party or inflicted after tryal bv sentence And farder 
Discharges all closs imprisonments beyond the space of Eight dayes from the commit- 
ment under the pains of wrongous imprisonment above set down As also that no 
Eerson be transported furth of this Kingdom except with his own Consent given 
efore a Judge or by legal sentence Certifieing Judges and Ma^^istrats and all others 
who shall give order otherwayes for the said transportation as likewayes all such who 
shall transport any person without a lawfull Warrand from a Judge or Magistrat that 
he shall be lyable to the foresaid pains of wrongous imprisonment as also of being 
deprived and declared incapable of all public trust And his Majestic with advice and 
consent foresaid Enacts and Declares that action and process for wrongous imprison- 
ment shall prescribe if not pursued within three years after the last day of the 
wrongous imprisonment And process being once raised the same shall prescribe if 
not insisted in yearly thereafter And it is hereby Statute and Ordained by advice 
and consent forsaid that no member of Parliament attending shall be imprisoned or 
confined upon any account whatsomever dureing a Session of Parliament without 
a Warrand of Parliament Reserveing to the high Constable and Marischall their 
priviledges and jurisdictions in the time of Parliament as formerly And also provideing 
that if any member shall happen to commit a capital crime or if there be a manifest 
hazard of the peace any Magistrat may attatch for secureing of the person or the 
peace and deliver the person to the custody of the High Constable in order to the 
rarliaments cognition the next Sederunt 

[In pari rep., 6 Ed. 7 c. 38 (S.LR.).] 

200 



C. 48.] Anne. 1705. 



ACTA PARLIAMENTORUM ANNiE. 



PAKLIAMENT AT EDINBURGH, 28th junb 1705. 

CAP. 48. 

[1705, cap. 2.] 

Act for advancing and establishing the Fishing Trade in and about this Kingdom 

OUR Sovereign Lady and the Estates of Parh'ament taking to consideration the great 
and many advantages that may arise to this Nation by encouraging the Salmond 
White and Herring fishings they being not only a natural and certain fund to advance 
the ti-ade and increase the wealth thereof but also a true and ready way to breed 
seamen and set many poor and idle people to work And albeit there be several good 
acts already made to encourage and carry on that trade yet they are either in 
dissuetude defective or do not answer the present circumstances Therefore that so 
great and general a concern may take effect in time coming Her Majesty with advice 
and consent of the Estates of Parliament Authorizes and Impowers all her good 
subjects of this Kingdom to take buy and cure herring and white fish in all and 
sundry seas channells bays firths lochs rivers &c. of this her Majesties ancient 
Kingdom and Islands thereto belonging wheresoever herring or white fish are or may 
be taken And for their greater conveniency to have the free use of all ports harbours 
shoars fore-lands and others for bringing in pickeling drying unloading and loading 
the same upon payment of the ordinary dues where harbours are built that is such as 
are paid for ships boats and other goods and Discharges all other exactions as a nights 
fishing in the week commonly called Saturday's fishing top money stallage and the 
like .... 

[In part rep., 6 Ed. 7 c. 38 {S.L.R.).] 



PARLIAMENT AT EDINBURGH, 3rd October 1706. 

CAP. 6. 

[1707, cap, 6.] 

Act for Securing the Protestant Religion and Presbyterian Church Government 

OUR Sovereign Lady and the Estates of Parliament considering that by the late Act 
of Parliament for a Treaty with England for an Union of both Kingdoms It is provided 
that the Commissioners for that Treaty should not treat of or concerning any altera- 
tion of the Worship Discipline and Government of the Church of this Kingdom as 
now by Law established Which Treaty being now reported to the Parliament and it 
being reasonable and necessary that the true Protestant Religion as presently professed 
within this Kingdom with toe Worship Discipline and Government of this Church 
should be efifectuallv and unalterably secured Therefore Her Majesty with advice and 
consent of the said Estates of Parliament Doth hereby Establish and Confirm the 

201 



C. 6.] Anne. 1706. 

said truo Protestant Religion and the Worship Discipline and Oovernment of this 
Church to continue without any alteration to the people of this land in all succeeding 
generations And more especially Her Majestic with advice and consent foresaid 
Katifies Approves and for ever Confirms the fifth Act of the first Parliament of King 
William and Queen Mary Entituled Act Ratifieing the Confession of Faith and 
settleing Presbyterian Church Government with the haill other Acts of Parliament 
relating thereto in prosecution of the Declaration of the Estates of this Kingdom 
containing the Claim of Right bearing date the eleventh of April I^ vj<^ and eighty 
nine And Her Majesty with advice and consent foresaid expressly Provides and 
Declares that the foresaid true Protestant Religion contained in the above mentioned 
Confession of Faith with the form and purity of worship presently in use within this 
Church and it's Presbyterian Church Government and Discipline that is to say the 
Government of the Church by Kirk Sessions Presbytries Provincial Synods and 
General Assemblies all established by the foresaid Acts of Parliament pursuant to the 
Claim of Right shall remain and continue unalterable And that the said Presbyterian 
Government shall be the only Government of the Church within the Kingdom of 
Scotland And further for the greater security of the foresaid Protestant Religion and 
of the Worship Discipline and Government of this Church as above established Her 
Majesty with advice and consent foresaid Statutes and Ordains That the Universities 
and Colledges of Saint Andrews Glasgow Aberdeen and Edinburgh as now established 
by Law shall Continue with this Kingdom for ever And that in all time comeing no 
Professors Principals Regents Masters or others bearing office in any University 
Colledge or School within this Kingdom be capable or be admitted or allowed to 
continue in the exercise of their said functions but such as shall own and acknowledge 
the Civil Government in manner prescribed or to be prescribed by the Acts of Parlia- 
ment As also that before or at their admissions they .... shall subscribe to the 
foresaid Confession of Faith .... and that they will practise and conform them- 
selves to the worship presently in use in this Church and submit themselves to the 
Government and Discipline thereof and never endeavour directly or indirectly the 
prejudice or subversion of the same and that before the respective Presbytries of their 
bounds by whatsoever gift presentation or provision they may be thereto provided 
And further Her Majesty with advice foresaid expressly Declares and Statutes That 
none of the Subjects of this EJngdom shall be lyable to but all and every one of them 
for ever free of any Oath Test or Subscription within this Kingdom contrary to or 
inconsistent with the foresaid true Protestant Religion and rresbyterian Church 
Government Worship and Discipline as above established And that the same within 
the bounds of this Church and kingdom shall never be imposed upon or required of 
them in any sort And Lastly That after the decease of her present Majesty (whom 
God long preserve) the Sovereign succeeding to her in the Royal (Government of the 
Kingdom of Great Britain shall in all time comeing at his or her accession to the 
Crown Swear and Subscribe that they shall inviolably maintain and preserve the 
foresaid Settlement of the true Protestant Religion with the Government Worship 
Discipline Right and Priviledges of this Church as above established by the Laws of 
this Kingdom in prosecution of the Claim of Right And it is hereby Statute and 
Ordained That this Act of Parliament with the Establishment therein contained shall 
be held and observed in all time comeing as a fundamental and essential condition of 
any Treaty or Union to be concluded betwixt the two Kingdoms without any altera- 
tion thereof or derogation thereto in anv sort for ever As also that this Act of Parlia- 
ment and settlement therein contained shall be insert and repeated in any Act of 
Parliament that shall pass for agreeing and concluding the foresaid Treaty or Union 
betwixt the two Kingdoms And that the same shall be therein expressly Declared to 
be a fundamental and essential Condition of the said Treaty or Union in all time 
comeing 

[In part rep., 5 Ed. 7 c. 12.] 



202 



C. 7.] Anne. 1706. 

CAP. 7. 

[1707, cap. 7.] 

Act Ratifying and Approving the Treaty of Union of the Two Kingdoms 

of SCOTLAND and ENGLAND 

THE Estates of Parliament Considering that Articles of Union of the Kingdoms of 
Scotland and England were agreed on the twenty second of July One thousand seven 
hundred and six years by the Commissioners nominated on behalf of this Kingdom 
under Her Majesties Great Seal of Scotland bearing date the twenty seventh of 
February last past in pursuance of the fourth Act of the third Session of this Parlia- 
ment and the Commissioners nominated on behalf of the Kingdom of England under 
Her Majesties Great Seal of England bearing date at Westminster the tenth day of 
April last past in pursuance of an Act of Parliament made in England the third year 
of Her Majesties Reign to treat of and concerning an Union of the said Kingdoms 
Which Articles were in all humility presented to Her Majesty upon the twenty third 
of the said Month of July and were Recommended to this Parliament by Her Majesties 
Royal Letter of the date the thirty one day of July One thousand seven hundred and 
six And that the said Estates of Parliament have agreed to and approven of the saids 
Articles of Union with some Additions and Explanations as is contained in the 
Articles hereafter insert And sicklyke Her Majesty with advice and consent of the 
Estates of Parliament Resolving to Establish the Protestant Religion and Presby- 
terian Church Government within this Kingdom has past in this Session of Parlia- 
ment an Act entituled Act for secureing of the Protestant Religion and Presbyterian 
Church Government which by the Tenor thereof is appointed to be insert in any 
Act ratifying the Treaty and expressly declared to be a fundamentall and essentiall 
Condition of the said Treaty or Union in all time coming Therefore Her Majesty with 
advice and consent of the Estates of Parliament in fortification of the Approbation of 
the Articles as abovementioned And for their further and better Establishment of the 
same upon full and mature deliberation upon the forsaids Articles of Union and Act 
of Parliament Doth Ratifie Approve and Confirm the same with the Additions and 
Explanations contained in the saids Articles in manner and under the provision after- 
mentioned whereof the Tenor follows 

I. THAT the Two Kingdoms of Scotland and England shall upon the first day of 
May next ensuing the date hereof and forever after be United into One Kingdom by 
the Name of GREAT BRITAIN And that the Ensigns Armonal of the said United 
Kingdom be such as Her Majesty shall appoint and the Crosses of St Andrew and St 
George be conjoined in such manner as Her Majesty shall think fit and used in all 
Flags Banners Standards and Ensigns both at Sea and Land 

II. THAT the Succession to the Monarchy of the United Kingdom of Great Britain 
and of the Dominions thereunto belonging after Her Most Sacred Majesty and in 
default of Issue of Her Majesty be remain and continue to the Most Excellent 
Princess Sophia Electoress and Dutchess Dowager of Hanover and the Heirs of Her 
body being Protestants upon whom the Crown of England is settled by an Act of 
Parliament made in Endand in the twelth year of the Reign of His late Majesty 
Kin^ William the Third entituled An Act for the further Limitation of the Crown 
and oetter securing the Rights and Liberties of the Subject And that all Papists and 
persons marrying Papists shall be excluded from and for ever incapable to inherit 
possess or enjoy the Imperial Crown of Great Britain and the Dominions thereunto 
belonging or any part thereof And in every such case the Crown and Government 
shall from time to time descend to and bo enjoyed by such person being a Protestant 
as should have inherited and enjoyed the same in case such Papists or person 
marrying a Papist was naturally dead according to the provision for the Descent of 
the Crown of England made by another Act of Parliament in England in the first 
year of the Reign of their late Majesties King William and Queen Mary entituled 
An Act declaring the Rights and Liberties of the Subject and settling the Succession 
of the Crown 

203 



C. 7.] Anne. 1706. 

III. THAT the United Kingdom of Great Britain be Represented by one and the 
same Parliament to be stiled the Parliament of Great Britain 

IV. THAT all the Subjects of the United Kingdom of Great Britain shall from and 
after the Union have full Freedom and Intercourse of Trade and Navigation to and 
from any port or place within the said United Kingdom and the Dominions and 
Plantations thereunto belonging And that there be a Comtnunication of all other 
Eights Privileges and Advantages which do or may belong to the Subjects of either 
Kingdom except where it is otherwayes expressly agreed in these Articles 

[Art. Y. rep., 6 Ed. 7 c. 38 {S.L.R.).'] 

YI. THAT all parts of the United Kingdom for ever from and after the Union shall 
have the same Allowances Encouragements and Drawbacks and be under the same 
Prohibitions Restrictions and Regulations of Trade and lyable to the same Customs 
and Duties on Import and Export And that the Allowances Encouragements and 
Drawbacks Prohibitions Restrictions and Regulations of Trade and the Customs and 
Duties on Import and Export settled in England when the Union commences shall 
from and after the Union take place throughout the whole United Kingdom excepting 
and reserving the Duties upon Export and Import of such particular Commodities 
from which any persons the Subjects of either Kingdom are specially Liberated and 
Exempted by their private Rights which after the Union are to remain safe and entire 
to them in all respects as before the same And that from and after the Union no 
Scots Cattle carried into England shall be lyable to any other Duties either on the 
publick or private Accounts than these Duties to which the Cattle of England are 
or shall be lyable within the said Kingdom .... 

[Art. VI. in part r&p., 6 Ed. 7 c. 38 {S.L.R.).] 

VII. THAT all parts of the United Kingdom be for ever from and after the Union 
lyable to the same Excises upon all Exciseable Liquors excepting only that the 
thirty four Gallons English Barrel of Beer or Ale amounting to twelve Gallons 
Scots present measure sold in Scotland by the Brewer at nine shillings six pence 
Sterling excluding all Duties and Retailed including Duties and the Retailers profit 
at two pence the Scots pint or eight part of the Scots Gallon be not after the 
Union lyable on account of the present Excise upon Exciseable Liquors in England 
to any higher Imposition than two shillings Sterling upon the forsaid thirty four 
Gallons English barrel being twelve gallons the present Scots measure And that the 
Excise settled in England on all other Liquors when the Union commences take place 
throughout the whole United Kingdom 

[Art. VIIL r&p., 6 Ed. 7 c. 38 (S.i.fi.).] 

IX. THAT whenever the sum of One million nine hundred ninety seven thousand 
seven hundred and sixty three pounds eight shillings and four pence half penny shall 
be Enacted by the Parliament of Great Britain to be raised in that part of the United 
Kingdom now called England on Land and other things usually charged in Acts of 
Parliament there for granting an aid to the Crown by a Land Tax that part of the 
United Kingdom now called Scotland shall be charged by the same Act with a further 
sum of fourty eight thousand pounds free of all Charges as the Quota of Scotland to 
such Tax and so proportionably for any greater or lesser sum raised in England by 
any Tax on Land and other things usually charged together with the Land And that 
such Quota for Scotland in the cases aforesaid be raised and collected in the same 
manner as the Cess now is in Scotland but subject to such Regulations in the manner 
of Collecting as shall be made by the Parliament of Great Britain 

[Arts. X.-XV. rep., 6 Ed. 7 c. 38 {S.L.R.).] 

XVI. THAT from and after the Union the Coin shall be of the same standard and 
value throughout the United Kingdom as now in England .... 

[Art. XVI. inpaH r^., 6 Ed. 7 c. 38 (S.L.R.).] 

[Art. XVIL rep., 6 Ed. 7 c. 38 {S.L.R.).] 

204 



C. 7.] Anne, 1706. 

XVIIL THAT the Laws coDcerniD^ Regulation of Trade Customs and such Excises 
to which Scotland is by virtue of this Treaty to be lyable be the same in Scotland 
from and after the Union as in England and that all other Lawes in use within the 
Kingdom of Scotland do after the Union and notwithstanding thereof remain in the 
same force as before (except such as are contrary to or inconsistent with this Treaty) 
but alterable by the Parliament of Great Britain With this difference betwixt the 
Laws concerning Public^ Right Policy and Civil Government and those which concern 
private Right That the Laws which concern publick Right policy and Civil Govern- 
ment may be made the same throughout the whole United Kingdom but that no 
alteration be made in Laws which concern private Right except for evident utility 
of the subjects within Scotland 

XIX. THAT the Court of Session or Colledge of Justice do after the Union and 
notwithstanding thereof remain in all time coming within Scotland as it is now con- 
stituted by the Laws of that Kingdom and with the same Authority and Priviledges 
as before the Union subject nevertheless to such Regulations for the better Adminis- 
tration of Justice as shall be made by the Parliament of Great Britain And that here- 
after none shall be named by Her Majesty or Her Royal Successors to be Ordinary 
Lords of Session but such who have served in the Colledge of Justice as Advocats or 
Principal Clerks of Session for the space of five years or as Writers to the Signet for 
the space of ten years With this provision That no Writer to the Signet be capable to 
be aamitted a Lord of the Session unless he undergo a private and publick Tryal on 
the Civil Law before the Faculty of Advocats and be found by them qualified for the 
said Office two years before he be named to be a Lord of the Session yet so as the 
Qualifications made or to be made for capacitating persons to be named Ordinary 
Lords of Session may be altered by the Parliament of Great Britain And that the 
Court of Justiciary do also after the Union and notwithstanding thereof remain in all 
time coming within Scotland as it is now constituted by the Laws of that Kingdom 
and with the same Authority and Priviledges as before the Union subject nevertheless 
to such Regulations as shall be made by the Parliament of Great Britain and without 
prejudice of other Rights of Justiciary And that all Admiralty Jurisdictions be under 
the Lord High Admirall or Commissioners for the Admiralty of Great Britain for the 
time being And that the Court of Admiralty now Established in Scotland be continued 
And that all Reviews Reductions or Suspensions of the Sentences in Maritime Cases 
competent to the Jurisdiction of that Court remain in the same manner after the 
Union as now in Scotland until the Parliament of Great Britain shall make such 
Regulations and Alterations as shall be judged expedient for the whole United 
Kingdom so as there be alwayes continued in Scotland a Court of Admiralty such 
as in England for determination of all Maritime Cases relating to private Rights in 
Scotland competent to the Jurisdiction of the Admiralty Court subject nevertheless 
to such Regulations and Alterations as shall be thought proper to be made by the 
Parliament of Great Britain And that the Heritable Rights of Admiralty and Vice- 
Admiralties in Scotland be reserved to the respective Proprietors as Rights of Property 
subject nevertheless as to the manner of Exercising such Heritable Rights to such 
Regulations and Alterations as shall be thought proper to be made by the Parliament 
of Great Britain And that all other Courts now in being within the Kingdom of 
Scotland do remain but subject to Alterations by the Parliament of Great Britain 
And that all Inferior Courts within the said Limits do remain subordinate as they are 
now to the Supream Courts of Justice within the same in all time coming And that 
no Causes in Scotland be cognoscible by the Courts of Chancery Queens-Bench 
Common-Pleas or any other Court in Westminster-hall And that the said Courts or 
any other of the like nature after the Union shall have no power to Cognosce Review 
or Alter the Acts or Sentences of the Judicatures within Scotland or stop the Execu- 
tion of the same And that there be a Court of Exchequer in Scotland after the Union 
for deciding Questions concerning the Revenues of Customs and Excises there having 
the same power and authority in such cases as the Court of Exchequer has in England 
And that the said Court of Exchequer in Scotland have power of passing Signatures 
Gifts Tutories and in other things as the Court of Exchequer at present in Scotland 
hath And that the Court of Exchequer that now is in Scotland do remain until 

205 



C. 7.] Anne. 1706. 

a New Court of Exchequer be settled by the Parliament of Oreat Britain in Scotland 
after the Union .... 

[Art XIX. in part rep., 6 Ed. 7 c, 38 (S.L.R.).] 

XX. THAT all heritable Offices Superiorities heritable Jurisdictions Offices for life 
and Jurisdictions for life be reserved to the Owners thereof as Rights of{ Property in 
the same manner as they are now enjoyed by the Laws of Scotland notwithstanding 
of this Treaty 

XXI. THAT the Rights and Privileges of the Royall Burroughs in Scotland as they 
now are Do Remain entire after the Union and notwithstanding thereof 

XXII. THAT by virtue of this Treaty Of the Peers of Scotland at the time of the 
Union Sixteen shall be the number to Sit and Vote in the House of Lords and Forty 
five the number of the Representatives of Scotland in the House of Commons of the 
Parliament of Great Britain 



.... 



[Art XXIL in part rep., 6 Ed. 7 c. 38 (S.LR,).] 

XXIII. THAT the foresaid Sixteen Peers of Scotland mentioned in the last preceding 
Article to sit in the House of Lords of the Parliament of Great Britain shall have aU 
Priviledges of Parliament which the Peers of England now have and which They or 
any Peers of Great Britain shall have after the Union and particularly the Right of 
sitting upon the Tryals of Peers And in case of the tryal of any Peer in time of 
Adjournment or Prorogation of Parliament the said Sixteen Peers shall be summoned 
in the same manner and have the same powers and priviledges at such tryal as any 
other Peers of Great Britain and that in case any tryals of Peers shall hereafter happen 
when there is no Parliament in being the Sixteen Peers of Scotland who sate in the 
last preceeding Parliament shall be summoned in the same manner and have the same 
powers and privileges at such tryals as any other Peers of Great Britain and that all 
Peers of Scotland and their successors to their Honours and Dignities shall from and 
after the Union be Peers of Great Britain and have Rank and Precedency next and 
immediately after the Peers of the like orders and decrees in England at the time of 
the Union and before all Peers of Great Britain of tne like orders and degrees who 
may be Created after the Union and shall be tryed as Peers of Great Britain and 
shall Enjoy all Privileges of Peers as fully as the Peers of England do now or as they 
or any other Peers of Great Britain may hereafter Enjoy the same except the Right 
and Privilege of sitting in the House of Lords and the Privileges depending thereon 
and particularly the Right of sitting upon the tryals of Peers 

XXIV. THAT from and after the Union there be One Great Seal for the United 
Kingdom of Great Britain which shall be different from the Great Seal now used in 
either Kingdom And that the Quartering the Arms and the Rank and Precedency of 
the Lyon King of Arms of the Kingdom of Scotland as may best suit the Union be 
left to Her Majesty And that in the mean time the Great Seal of England be used 
as the Great Seal of the United Kingdom and that the Great Seal of the United 
Kingdom be used for Sealing Writs to Elect and Summon the Parliament of Great 
Britain and for sealing all Treaties with Forreign Princes and States and all publick 
Acts Instruments and Orders of State which Concern the whole United Kingdom and 
in all other matters relating to England as the Great Seal of England is now used and 
that a Seal in Scotland after the Union be alwayes kept and mace use of in all things 
relating to private Rights or Grants which have usually passed the Great Seal of 
Scotland and which only concern Offices Grants Commissions and private Rights 
within that Kingdom And that until such Seal shall be appointed by Her Majesty 
the present Great Seal of Scotland shall be used for such purposes and that the Privy 
Seal Signet Casset Signet of the Justiciary Court Quaiter Seal and Seals of Courts 
now used in Scotland be Continued but that the said Seals be altered and adapted to 
the state of the Union as Her Majesty shall think fit And the said Seals and all of 
them and the Keepers of them shall be subject to such Regulations as the Parliament 
of Great Britain shall hereafter make And that the Crown Scepter and Sword of State 

206 



C. 7.] Anne. 1706. 

the Records of Parliament and all other Records Rolls and Registers whatsoever both 
publick and private generall and particular and Warrands thereof Continue to be 
keeped as they are within that part of the United Kingdom now called Scotland and 
that they shall so remain in all time coming notwithstanding of the Union 

XXV. THAT all Laws and Statutes in either Kingdom so far as they are contrary 
to or inconsistent with the Terms of these Articles or any of them shall from and 
after the Union cease and become void and shall be so declared to be by the respective 
Parliaments of the said Kingdoms 

FOLLOWS the Tenor of the foresaid Act for securing the Protestant Religion and 
Presbyterian Church Government 

OUR Soveraign Lady and the Estates of Parliament considering That by the late Act 
of Parliament for a Treaty with England for an Union of both Kingdoms It is 
provided That the Commissioners for that Treaty should not Treat of or concerning 
any alteration of the Worship Discipline and Government of the Church of this 
Kingdom as now by Law established Which Treaty being now reported to the 
Parliament and it being reasonable and necessary that the True Protestant Religion 
as presently professed within this Kingdom with the Worship Discipline and Govern- 
ment of this Church should be effectually and unalterably secured Therefore Her 
Majesty with advice and consent of the said Estates of rarliament Doth hereby 
Establish and Confirm the said True Protestant Religion and the Worship Discipline 
and Government of this Church to continue without any alteration to the people of 
this Land in all succeeding generations And more especially Her Majesty with advice 
and consent foresaid Ratines Approves and for ever Confirms the fifth Act of the first 
Parliament of King William and Queen Mary Entituled Act Ratifying the Confession 
of Faith and settling Presbyterian Church Government with the haill other Acts of 
Parliament relating thereto in prosecution of the Declaration of the Estates of this 
Kingdom containing the Claim of Right bearing date the eleventh of Aprile One 
thousand six hundred and eighty nine And Her Majesty with advice and consent 
foresaid expressly Provides and Declares That the foresaid True Protestant Religion 
contained in the above-mentioned Confession of Faith with the form and purity of 
Worship presently in use within this Church and its Presbyterian Church Govern- 
ment and Discipline that is to say the Government of the Church by Kirk Sessions 
Presbytries Provincial Synods and Grenerall Assemblies all established by the forsaid 
Acts of Parliament pursuant to the Claim of Right shall Remain and Continue 
unalterable and that the said Presbyterian Government shall be the only Government 
of the Church within the Kingdom of Scotland And further for the greater security 
of the foresaid Protestant Religion and of the Worship Discipline and Government 
of this Church as above established Her Majesty with advice and consent foresaid 
Statutes and Ordains That the Universities and Uolledges of Saint Andrews Glasgow 
Aberdeen and Edinburgh as now Established by Law shall Continue within this 
Kingdom for ever And that in all time comeing no Professors Principalis Regents 
Masters or others bearing office in any University Coliedge or School within this 
Kingdom be capable or be admitted or allowed to continue in the Exercise of their 
said functions but such as shall own and acknowledge the Civill Government in 
manner prescribed or to be prescribed by the Acts of Parliament As also that before 
or at their Admissions they do and shall acknowledge and profess and shall subscribe 
to the foresaid Confession of Faith as the Confession of their faith and that they will 
practise and conform themselves to the Worship presently in use in this Church and 
submit themselves to the Government and Discipline thereof and never endeavour 
directly or indirectly the prejudice or subversion of the same and that before the 
respective Presbytries of their bounds by whatsoever gift presentation or provision 
they may be thereto provided And further Her Majesty with advice foresaid expressly 
Declares and Statutes that none of the Subjects of this Kingdom shall be lyable to 
but all and every one of them for ever free of any Oath Test or Subscription within 
this Kingdom contrary to or inconsistent with the foresaid True Protestant Religion 
and Presbyterian Church Government Worship and Discipline as above established 
And that the same within the bounds of this Church and Kingdom shall never be 

207 



C. 7.] Anne. 1706. 

imposed upon or required of them in any sort And Lastly that after the Decease of 
Her present Majesty (whom Grod long preserve) the Soveraign succeeding to her 
in the Royal Government of the Kingdom of Great Britain shall in all time 
comeing at his or her accession to the Crown Swear and Subscribe That they 
shall inviolably maintain and preserve the foresaid settlement of the True Protestant 
Religion with the Gk>vprnment Worship Discipline Right and Priviledges of this 
Church as above established by the Laws of this Kingdom in prosecution of the 
Claim of Right And it is hereby Statute and Ordained That this Act of Parliament 
with the Establishment therein contained shall be held and observed in all time 
coming as a fundamentall and essentiall Condition of any Treaty or Union to be 
Concluded betwixt the Two Kingdoms without any Alteration thereof or Derogation 
thereto in any sort for ever As also that this Act of Parliament and Settlement 
therein contained shall be Insert and Repeated in any Act of Parliament that shall 
pass for agreeing and concluding the foresaid Treaty or Union betwixt the Two 
Kingdoms And that the same shall be therein expressly Declared to be a fundamentall 
and essentiall Condition of the said Treaty or Union in all time coming 

WHICH ARTICLES OF UNION and Act immediately above written Her Majesty 
with advice and consent foresaid Statutes Enacts and Ordains to be and Continue 
in all time coming the sure and perpetuall foundation of ane compleat and intire 
Union of the Two fi^ingdoms of Scotland and England under this express Condition 
and Provision That the Approbation and Ratification of the foresaids Articles and 
Act shall be nowayes binding on this Kingdom untill the said Articles and Act be 
Ratified Approven and Confirmed by her Majesty with and by the Authority of the 
Parliament of England as they are now Agreed to Approved and Confirmed by 
her Majestic with and by the Authority of the Parliament of Scotland Declaring 
nevertheless that the Parliament of England may provide for the security of the 
Church of England as thev think expedient to take place within the bounds of the 
said Kingdom of England and not Derogating from the security above provided 
for Establishing of the Church of Scotland within the bounds of this Kingdom As 
also the said Parliament of England may extend the Additions and other provisions 
contained in the Articles of Union as above insert in favours of the Subjects of 
Scotland to and in favours of the Subjects of England which shall not Suspend or 
Derogate from the force and effect of this present Ratification But shall be understood 
as herein included without the necessity of any new Ratification in the Parliament of 
Scotland And lastly Her Majesty Enacts and Declares That all Laws and Statutes in 
this Kingdom so far as they are contrary to or inconsistent with the terms of these 
Articles as abovementioned shall from and after the Union cease and become void 



CAP. 8. 

[1707, cap. 8.] J? 

Act settling the manner of Electing the Sixteen Peers and Forty Five Commoners 
to Represent Scotland in the Parliament of Great Britain 

OUR Soveraign Lady considering that by the twenty second Article of the Treaty of 
Union as the same is ratified by ane Act past in this Session of Parliament upon the 
sixteenth of January last It is provided that by virtue of the said Treaty of the Peers 
of Scotland at the time of the Union Sixteen shall be the number to sit and vote in 
the House of Lords and Fourty five the number of the Representatives of Scotland in 
the House of Commons of the Parliament of Great Britain And that the said Sixteen 
Peers and Fourty five members in the House of Commons be Named and Chosen in 
such manner as by a subsequent Act in this present Session of Parliament in Scotland 
should be settled Which act is thereby declared to be als valid as if it were a part of 
and ingrossed in the said Treaty Therefore Her Majestic with advice and consent of 
the Estates of Parliament Statutes Enacts and Ordains That the said Sixteen Peers 

208 



C. 8.] Anne. 1706. 

who shall have right to sit in the House of Peers in the Parliament of Great Britain 
on the part of Sootland by virtue of this Treaty shall be named by the said Peers of 
Scotland whom they represent their heirs or successors to their dignities and honours 
out of their own number and that by open Election and plurality of voices of the 
Peers present and of the Proxies for such as shall be absent the said Proxies being 
Peers and producing a mandat in writing duely signed before witnesses and both the 
Constituent and Proxie bein^ qualified according to law Declaring also that such 
Peers as are absent being qualified as aforesaid may send to all sucn meetings Lists 
of the Peers whom they Judge fittest validly signed by the said absent Peers which 
shall be reckoned in the same manner as if the parties had been present and given in 
the said List And in case of the death or legall incapacity of any of the said Sixteen 
Peers That the foresaid Peers of Scotland shall nominate another of their own number 
in place of the said Peer or Peers in manner before and aftermentioned .... It is 
always hereby expressly Provided and Declared that none shall be capable to Elect 
or be Elected for any of the said Estates but such as are Twenty one years of age 
compleat .... 

[In part rep., 6 Ed. 7 c. 38 {S.L.R.).] 



CAP. 10. 

[1707, cap. 9.] 

Acr anent Plantation of Kirks and Valuation of Teinds 

OUR Soveraign Lady and the Estates of Parliament Considering the great prejudice 
that does redound to this Nation through the want of ane establisned and fixed 
Judicature which may cognosce and determine in such causes and things as by former 
Parliaments were referred to their Commissions for Plantation of Kirks and v aluation 
of Teinds and through the loss of the Registers of that Court which were burnt in 
the late fire that happened in this place Therefore Her Majestic and the said Estates 
Doe hereby Impower Authorize and Appoint the Lords of Counsell and Session to 
Judge Cognosce and Determine in all affairs and causes whatsomever which bv the 
Laws and Acts of Parliament of this Kingdome were formerly referred to and did 
pertain and belong to the Jurisdiction and Cognisance of the Commissions formerly 
appointed for that effect alse fully and freely in all respects as the said Lords do or 
may do in other civil causes And particularly but prejudice to the generality forsaid 
to determine in all valuations and sales of Teinds to grant augmentations of 
Ministers Stipends prorogations of Tacks of Teinds to disjoin too large paroches to 
erect and build new Churches to annex and dismember Churches as they shall think 
fit conforme to the Rules laid down and powers granted bv the nineteenth Act of the 
Parliament I^ v1^ and thirty three the twenty third and thirtieth Acts of the Parlia- 
ment I^ Y]^ and ninety and the twenty fourth Act of the Parliament I^ vj^ and 
ninety three in sua far as the same stands unrepealed the transporting of Kirks 
disjoyning of too large paroches or erecting and building of new kirks bein^ alwayes 
with the consent of the heritors of three parts of four at least of the valuation of the 
paroch whereof the kirk is craved to be transported or the paroch to be disjoyned 
and new kirks to be erected and built the Minister in the mean time to serve 
the cure in the present kirk of the paroch And for that effect appoints the 
saids Lords to meet and sit ... . during the time of Session And to call and 
discuss the said causes summarly conforme to an Roll to be made up and kept of the 
samen And for supplying the lost Registers of that Court Her Majesty and the said 
Estates Do hereby Appoint and Ordain that any authentick Extracts from the said 
Records be brought in and being presented to the said Lords be Recorded in a 

g articular Register And that the said Extracts so brought in be kept by the Lord 
lerk Register and his Deputs Clerks to be appointed by him for that effect as their 
warrands which shall be held and repute alse valid and authentick as the principall 
warrands themselves if the same were yet extant And the Lord Register and his 
S.A. 209 U 



C. 10.] Anru^ 1706. 

depute .are ordained to give a Dew Extract gratis to every person that shall give in 
ane old Extract immediately upon delivery tnereof And that Extracte from these new 
Records shall make the like faith in Judgement and outwith the same as the Extracts 
from the old Registers of the Commission were wont to do before the same were 
burnt And further Impowering the said Lords upon such evidente and adminicles as 
they shall see cause to make up the tenor of such decreeto in manner abovementioned 
whereof Extracte are amissing and the Registers lost in the said fire Declaring 
hereby that the Lord Register and his Depute to be appointed by him as said is shaU 
have the sole and only power and priviledge of Raising and Subscribing of the 
Summondses and Diligences relating to the i^airs abovewritten the samen alwayes 
passing Her Majesties common Signet as formerly .... And Lastly It is herebv 
declared That this present Act and Commission shall be subject nevertheless to such 
Regulations and Alterations as shall be made by the Parliament of Great Britain 

[In pari rep., 6 Ed. 7 c. 38 {S.L.K).] 



CAP. 9L 

[1707, cap. 13.] 

Act for preserving the Game 

.... It is hereby Discharged that no common FowUers shall presume to hunt on 
any grounds without a subscribed Warrand from the proprietors of the said grounds 
under the penalty foresaid Besyds forfaulting their does guns and nete to the 
Apprehenders or Discoverers And ite hereby f unler Provyded That no FowIIer or any 
other person whateomever shall come within any Heritors ground without leave 
ask'd and given by the Heritor with setting dogs and nete for killing fowlls by 
nete .... 

[InpaHrep., 6 Ed. 7 c. 28 (S.L.R.).} 



210 



CHRONOLOGICAL TABLE 



THE ACTS 

OF TIIE PARLIAMENTS OF SCOTLAND, 

1424-1707. 



CHRONOLOGICAL TABLE OF ACTS IN FORCE. 



Reign, year, and chapter. 



Record edition. 



James I. 
1424 (May 26). 
c. 12 . 
c. 13 . 
c. 25 . 

James I. 
1424 (Mar. 12). 
c. 24 . 

James I. 

1425. 
0. 3 . 

James I. 
1427 (July 1). 
c. 8 . 



James I. 
1 429 (Mar. 6). 
c. 3 . 
0. 20 . 

James 11. 

1449. 
c. 6 

James III. 

1469. 
0. 3 . 
c. 4 . 
0. 12 . 



12mo edition. 



James I. 
Par. 1.— 1424. 
e. 11 . 
0. 12 . 
c. 24 . 

James I. 
Par. 2.— 1424. 
c. 45 . 

James I. 
Par. 3.— 1425. 
0. 48 . 

James I. 
Par. 6.— 1426. 
c. 88 . 



James I. 
Par. 9.— 1429. 
0. 113. 
c. 129. 

James II. 
Par. 6.— 1449. 
CO. 18-19 . 

James III. 
Par. 5.— 1469. 
c. 27 . 
c. 28 . 
0. 36 . 



Sabject-matter. 



Salmon 

Gold and silver mines 

Travellers . 

Poor's counsel 



The law of the land 



Jurisdiction 
abroad 



over Scotsmen dying 



Brieves 
Lawburrows 

Leases of land 

Reversions . 
Prescription 
Tenants 

213 



Fa«e. 



1 
1 
1 



2 
3 



5 
5 
5 






Chronological Table. 



Beigii, year, and chapter. 



Beoord edition. 



James III. 

1474. 
c. 6 . 
0. 9 . 

James III. 

1478. 
c. 6 . 

James III. 
1481 (Mar. 18). 
c. 14 . 

James III. 
1487 (Oct 1). 
c. 17 . 

James lY. 
1491 (Apr. 28). 
c. 6 . 
c. 7 . 
c. 19 . 

James IV. 

1503. 
c. 9 . 
0. 21 . 
0. 22 . 
0. 45 . 

James V. 

1532. 
c. 2 . 

James V. 

1535. 
c. 14 . 
0. 38 . 

James V. 
1540 (Dec. 3). 
c. 10 . 

James V. 
1540 (Mar. 14) 
c. 10 . 
c. 22 . 
c. 23 . 
c. 37 . 
c. 41 . 

Mary. 
1551 (Feb. 1). 
c. 11 . 



12mo ediiion. 



James III. 
Par. 7.— 1474. 
0. 51 . 
c. 54 . 

James III. 
Par. 10.— 1477. 
c. 73 . 

James III. 
Par. 11.— 1481. 
c. 83 . 

James III. 
Par. 14.— 1487. 
0. 111. 

James IV. 
Par. 3.— 1491. 
0. 25 . 
c. 26 . 
c. 36 . 

James IV. 
Par. 6.— 1503. 
0. 65 . 
c. 76 . 
c. 77 . 
c. 98 . 

James Y. 
Par. 5.— 1537. 
ca 36-41 . 

James Y. 
Par. 4.— 1535. 
c. 15 . 
c. 32 . 

James Y. 
Par. 6.— 1540. 
c. 75 . 

James Y. 
Par. 7.— 1540. 
c. 93. 
c. 104. 
c, 105. 
c. 117. 



Mary. 
Par. 5.-1551. 
c 19 . 



Sabjeot-matter 



Brieyes of tutory 
Prescription 



Salmon 



Wife's ratification 



Royal Burghs Convention . 



Wardholding 

Tenants of lands in ward 

Burgh common good . 



le 



Spuilyi< 

Heirs and executors 

Terce . 

Plough goods 



College of Justice 



Liferenters' duties 
Hornings . 



Citation 



College of Justice 

Judges 

Fraud 

Subscription of deeds 

Legates 



Bigamy 



214 



T9g^ 



6 
6 



8 
8 
8 



9 
9 
9 
9 



10 



10 
11 



11 



12 
12 
13 
13 
14 



15 



Chronoloffical Tahle. 



K«ign, year, and chapter. 


^^ %_ J — -A - - - ^ A.A..^ — 


W. -.— . 






Babjectrmatter. 


Fa^e. 


Beoord edition. 


ISmo editbn. 






Mary. 


Mary. 






1555. 


Par. 6. 1555. 






c. 3 . 


c. 30 . 


Removal in redemptions 


15 


0. 6 . 


c. 33 . 


Citation .'^tiST' 


15 


0. 8 . 


c. 35 . 


Minors .*CI? 


16 


c. 12 . 


c. 39 . 


Removings.^^ 


16 


c. 16 . 


c. 42 . 


Civil procedure 


17 


c. 25 . 


c. 51 . 


Game 


17 


Mary. 








1560. 






I 


0. 1 . 


... 


Confession of Faith .... 


18 


0. 2 . 


• . • . 


Jurisdiction of Pope .... 


28 


Mary. 


Mary. 






1563. 


Par. 9.— 1563. 






c. 3 . 


c. 68 . 


Salmon 


29 


0. 8 . 


0. 72 . 


Manses and glebes .... 


29 


0. 17 . 


c. 79 . 


Notaries 


30 


Jamea VI. 


James VI. 






1567. 


Par. 1. 1567. 






c. 8 . 


c. 8 . 


Coronation oath 


31 


c. 12 . 


... 


Church 


31 


c. 15 . 


c. 14 . 


Incest 


32 


0. 16 . 


c. 15 . 


Marriage 


32 


0. 22 . 


c. 18 . 


Court of Session .... 


33 


James VI. 


James VI. 






1572. 


Par. 3. 1572. 






c. 5 . 


c. 48 . 


Manses and glebes .... 
Parish churches 


33 


c. 15 . 


0. 54 . 


34 


James VI. 


James VI. 






1573. 


Par. 4.— 1573. 






c. 1 . 


a 55 . 


Divorce for desertion .... 


34 


James VI. 


James VI. 






1578. 


Par. 5. 1578. 






0. 6 . 


0. 62 . . 


Glebes 


35 


c. 11 . 


c. 64 . 


Burghs 


35 


c. 13 . 


0. 66 . 


Crown lands 


36 


James VI. 


James VI. 






1579. 


Par. 6. 1579. 






c. 6 . 


c. 68 . 


Church 


37 


c. 7 . 


c. 69 . 


11 ...... 


37 


e. 8 . 


c. 70 . 


Sunday observance .... 


37 


c. 13 . 


c. 75 . 


Homing 


38 


c. 16 . 


c. 78 . 


Criminal complaints .... 


39 


c. 18 . 


c. 80 . 


Execution of deeds .... 


39 


c. 19 . 


c. 81 . 


Prescription 


40 


0. 20 . 


c. 82 . 


«» ..... 


40 






215 





Chronological Table. 



Roign, year. 


and chapter. 


^^ _^ ^_ M —^ —. A. -^.^ _•. A. A ^_. 








Babject-matter. 


Page. 


Record edition. 


12mo edition. 






James VI. 


James VI. 






1579 


Par. 6.— 1579 






continued. 


eoniinued. 






0. 21 . 


c. 83 . 


Prescription 


40 


c. 37 . 


c. 92 . 


Court of Session 


40 


c. 38 . 


c. 93 . 


)i ..... 


41 


c. 45 . 


c. 94 . 


Hornings 


42 


James VI. 


James VI. 






1581. 


Par. 7.— 1581. 






c. 2 . 


c. 100. 


Ministers' stipends .... 


42 


0. 22 . 


c. 117. 


Lawburrows 


42 


0. 23 . 


e. 118. 


Deforcements 


43 


c. 26 . 


0. 119. 


Convention of Burghs. 


43 


James VI. 


James VI. 






1584 (May 19). 


Par. 8.— 1 584. 






c. 2 . 


c. 129. 


King's authority 


44 


c. 4 . 


c. 131. 


Other jurisdictions and assemblies 


44 


c. 6 . 


0. 133. 


Ministers, judges .... 
Execution of decrees .... 


45 


c. 15 . 


0. 139. 


45 


James VI. 


James VI. 






1584 (Aug. 20). 


Par. 9.— 1584. 






c. 10 . 


0. 3 . 


Double poindings .... 


46 


c. 11 . 


c. 4 . 


Subscription of deeds .... 


47 


James VI. 


James VI. 






1585. 


Par. 10. 1585. 






c. 1 . 


c. 10 . 


Leasing making 


47 


c 6 . 


0. 12 . 


Leagues 


48 


c. 25 . 


0. 18 . 


Curators 


48 


James VI. 


James VI. 






1587. 


Par. 11.— 1587. 






c. 6. 


c. 27 . 


Disorders in church .... 


49 


c. 30 . 


c. 46 . 


Officers of arms 


50 


c. 37 . 


c. 54. 


Food 


51 


c. 43 . 


c. 59 . 


Game 


51 


c. 54 . 


CO. 70-81 . 


Crown rents 


51 


c. 57 . 


CO. 82-92 . 


Administration of justice, criminal 


52 


c. 114. 


0. 113. 


Burghs 


53 


James VI. 


James VI. 






1592. 


Par. 12. 1592. 






c. 8 . 


c. 116. 


Religion 


53 


c. 9 . 


c. 117. 


Deposition from benefices . 


54 


c. 10 . 


c. 118. 


Manses and glebes .... 


55 


c. 11 . 


0. 119. 


Adultery 


55 


0. 29 . 


c. 127. 


Lyon King 

Mines and metals .... 


56 


c. 31 . 


... 


57 


c. 50 . 


c. 134. 


Lords of Session 


58 


c. 59 . 


0. 141. 


Execution of charges .... 


59 



216 



Cfhronploffieal Table. 



UAgn, jear, uid chapter. 



Record edition. 



James VI. 

1592 
eoniinued. 
c. 61 . 
0. 62 . 
c. 72 . 
c. 75 . 

James YI. 

1593. 
c. 8 . 
c. 9 . 
c. 12 . 
c. 22 . 
0. 25 . 
c. 34 . 
c. 39 . 

James VI. 

1594. 
c. 8 . 
c. 9 . 
e. 22 . 
c. 24 . 
0. 26 . 
c. 27 . 
c. 30 . 
c. 35 . 
c. 36 . 

James VL 

1597, 
c. 3 
c. 17 
c 40 
0. 41 

James VI. 

1600. 
c. 22 . 
c. 23 . 
c. 29 . 
0. 30 . 

James VI. 

1606. 
c. 1 . 
c. 6 . 
c. 9 . 
c. 12 . 
0. 16 . 



12nio edition. 



James VI. 
Par. 12.— 1592 
eonHnued. 
0. 143. 
0. 144. 
c. 152. 
c. 155. 

James VI. 
Par. 13.— 1593. 
c. 165. 
0. 166. 
0. 169. 
0. 177. 
c. 179. 
c. 181. 
c. 185. 

James VI. 
Par. 14.— 1594. 
c. 201 . 
c. 202. 
c. 212 . 
0. 218. 
c. 220. 
c. 217. 
0. 224. 
a 225. 
0. 226. 

James VI. 
Par. 15.— 1597. 
0. 232. 
c. 250. 
c. 273. 
c. 274. 

James VI. 
Par. 16.— 1600. 
c. 13 . 
c. 14 . 
0. 20 . 
e. 21 . 

James VI. 
Par. 18.-1606 



0. 
0. 

e. 
c. 
c. 



1 
7 

10 
13 
17 



Subject-matter. 



Compensation 
Expenses of process 
Deforcement 
Burghs 



Glebes 
Ministers . 
Ministers' livings 
Assaults in courts 
Execution of deeds 
Execution of decrees in burghs 
Common good of burghs 



Sunday .... 

Manses and glebes 

Declinatures 

Prescription 

iiuying of subjects of depending 

Kjections .... 

Parricide .... 

I3urghs .... 



«) 




Churchyards 
Irritancy of feu 
i jawburrows 
(leneral band 



Homings . 
King's officers . 
Marriage of adulterers 
Registers . 



King's prerogative 
GlebMSs 
Homings . 
Lint in lochs 
Royal burghs 

217 



Pa^e. 



59 
59 
59 
60 



61 
61 
61 
62 
62 
62 
63 



63 
64 
64 
64 
65 
65 
66 
66 
66 



67 
67 
68 
68 



68 
68 
69 
69 



69 
70 
71 
71 
71 



Chronological Table. 



BeigQ, year, and chapter. 



Beoord edition. 



James VI. 

1607. 
c. 6 . 
c. 13 . 

James VI. 

1609. 
c. 22 . 

James VI. 

1612. 
0. 7 . 

James VI. 

1617. 
c. 3 . 
c. 6 . 
c. 12 . 
c. 13 . 
c. U . 
c. 15 . 
0. 16 . 
c. 17 . 
c. 19 . 

James VI. 

1621. 
c. 5 . 
c. 6 . 
c. 7 . 
e. 10 . 
c. 14 . 
c. 18 . 
c. 20 . 
c. 22 . 
0. 31 . 

Charles I. 

1633. 
c. 3 . 
c. 6 . 
c. 7 . 
c. 8 . 
c. 15 . 
c. 17 . 
c. 19 . 

Charles II. 

1661. 
c. 6. 
c. 7. 
c. 12. 
0. 13. 



12mo edition. 



James VI. 
Par. 19.— 1607. 
0. 3 . 
c. 6 . 

James VI. 
Par. 20.— 1609. 
c. 15 . 

James VI. 
Par. 21.— 1612. 
c. 7 . 

James VI. 
Par. 22.— 1617. 
c. 3 . 
c. 6 . 
c. 12 . 
c. 13 . 
0. 14 . 
c. 15 . 
c. 16 . 
0. 17 . 
c. 19 . 

James VI. 
Par. 23.— 1621. 
c. 5 . 
0. 6 . 
c. 7 . 
c. 10 . 
c. 14 . 
c. 18 . 
c. 20 . 
0. 22 . 
c. 31 . 

Charles I. 
Par. 1.— 1633. 
0. 3 . 
e. 6 . 
0. 7 . 
0. 8 . 
c. 15 . 
0. 17 . 
c. 19 . 

Charles II. 
Par. 1.— 1661. 



c. 

0. 

e. 
e. 



2 
3 
4 
5 



Snbjeoi-mafeter. 



Plantation of kirks 

Communion elements 

Prescription 

Reductions 

Executors . 

Escheats 

Begistration 

Arrestments 

Dovecots 



Plantation of kirks 

Comprisings 

Adjudications . 

Qlebes to be teind free 

Gaming 

Bankrupts' alienations 

Homings . 

Forgery 

Hunting and hawking 



Royal prerogative 
Charitable bequests 
Invading of ministers 
Ministers' stipends 
Teinds 



91 



Valuation of teinds 



King's prerogative 



99 
ft 
99 



Page. 



Woods 
Royal burghs 

Homings . 

Hornings . 



72 
72 



73 



73 



74 
78 
78 
79 
80 
80 
80 
81 
82 



82 
87 
88 
89 
90 
91 
92 
93 
93 



94 
94 
95 
96 
96 
97 
98 



104 
104 
105 
105 



218 



Chronological Table. 



Bmgn, year, and chapter. 


^^-.a^j — A --- - »* - 


p^ 






Dabjecirmatter. 


Pago* 


Record edition. 


ISmo edition. 




— 




Charles II. 


Charles II. 






1661 


Par. 1.— 1661 






eonHmud, 


amiinued. 






c. 47. 


• . • 


Citation in treason .... 


106 


c. 67 . 


c. 61 . 


Teind Commission 




106 


c. 88. 


0. 24 . 


Apparent heirs . 




109 


0. 211 . 


... 


Precedence 




109 


0. 215. 


c. 20 . 


Cursing and beating parents 




110 


c. 218. 


c. 29 . 


Poinding 




110 


0. 239. 


0. 26 . 


Itestoration of stolen goods. 




111 


e. 243. 


c. 31 . 


Registration of comprisings 




111 


c. 244. 


0. 32 . 


Bonds 




112 


c. 246. 


c. 34 . 


Clandestine marriages 




112 


c. 247 . 


... 


Redemption in reversions . 




113 


0. 281 . 


c. 18 . 


Sunday .... 




113 


0. 283. 


a 51 . 


Arrestments 




114 


c. 284. 


c. 41 . 


Enclosing ground 




114 


c. 331 . 


0. 54 . 


Patrons .... 




116 


0. 338. 


c. 38 . 


Justices of Peace 




116 


0. 344. 


c. 62 . 


Debtor and creditor . 




118 


Charles U. 


Charles 11. 






1663. 


Par. 1. Sess. 3. 
1663. 






c. 4 . 


c. 10 . 


iMinority in comprisings 


120 


c. 12 . 


c. 6 . 


liuinous houses in burghs . 


120 


0. 31 . 


c. 21 . 


Manses and glebes .... 


121 


0. 34 . 


c. 28 . 


Teind commission .... 


121 


Charles II. 


Charles II. 






1669. 


Par. 2.— 1669. 






c 5 . 


c. 4 . 


Poinding 


124 


e. 7 . 


c. 6 . 


l^nefices and stipends 




124 


c. 14 . 


c. 9 . 


Prescriptions 




126 


c. 15 . 


c. 10 . 


Interruptions 




126 


c. 37 . 


0. 16 . 


Highways and brideos 
Enclosing of ground . 




126 


c. 38 . 


c. 17 . 




126 


c. 39 . 


c. 18 . 


Adjudications 




127 


c. 95 . 


... 


Lyon King at Arms .... 


127 


Charles II. 


Charles 11. 






1672. 


Par. 2. Sess. 3. 
1672. 






c. 2 . 


c. 2 . 


Tutors and Curators .... 


128 


c. 6 . 


c. 6 . 


Second summons 


k ■ 


129 


0. 16 . 


c. 7 . 


Qreat and Privy Seals 




129 


c. 24 . 


c. 13 . 


Ann 


R • 


130 


0. 39 . 


c. 15 . 


Teind commission 




130 


c. 40 . 


c. 16 . 


Regulation of Judicatories . 


t • 


132 


c. 45 . 


c. 19 . 


Adjudications 


• ■ 


136 


c. 47 . 


c. 21 . 


Lyon King at Arms .... 


136 



219 



Chronological Table, 



Baign, year, 


and chapter. 


Subject-matter. 


Page. 


Record edition. 


12mo edition. 


Charles II. 


Charles II. 






1681. 


Par. 3.— 1681. 






c. 5. 


c. 5 . 


Execution of deeds .... 


137 


c. 12 . 


c. 10 . 


Terce 


138 


c. 13 . 


c. 11 . 


Registration in Burgh 


138 


0. 79 . 


c. 13 . 


Declinatures 


139 


c. 82 . 


c. 16 . 


Admiralty Court .... 


139 


c. 83 . 


c. 17 . 


Bankrupts' lands .... 


140 


c. 85 . 


c. 19 . 


Oaths of minors 


140 


0. 86 . 


c. 20 . 


Bills of exchange .... 


141 


c. 108. 


• • fl 


Coal and salt 


141 


James VII. 


James VII. 






1685. 


Par. 1.— 1685. 






c. H . 


c. 14 . 


Prescription 


142 


c. 15 . 


c. 15 . 


Interruptions 


142 


c. 26 . 


c. 22 . 


Tailyies 


142 


0. 36 . 


c. 28 . 


Teind Commission .... 


143 


c. 40 . 


0. 35 . 


Messengers' fees 


145 


c. 56 . 


c. 43 . 


Orkney and Shetland .... 


145 


James VII. 


James VII. 






1686. 


Par. 1. Sess. 2. 
1686. 






c. 4 . 


c. 3 . 


Subscription of interlocutors 


146 


c. 5 . 


c. 4 . 


Executions 


146 


c. 21 . 


c. 11 . 


Winter herding .... 


146 


c. 29 . 


c. 17 . 


Sasines 


147 


c. 30 . 


c. 18 . 


Evidence of witnesses .... 


147 


c. 33 . 


c. 19 . 


Liegistration of Sasines 


147 


c. 34 . 


c. 22 . 


Teind Commission .... 

• 


148 


William and 


Estates of 






Mary. 


Scotland. 






1689 (Mar. 14). 


1689. 






c. 28 . 


c. 13 . 


Claim of Right and offer of Crown 


150 


William and 


William and 






Mary. 


Mary. 






1689 (June 5). 


Par. 1. 1689. 






c. 4 . 


c. 3 . 


Abolition of prelacy .... 


154 

1 


William and 


William and 




1 


Mary. 


Mary. 
Par. 1. Sess. 2. 






1690 (Apr. 15). 








1690. 






c. 7 . 


0. 5 . 


Confession of Faith, etc. 


154 


0. 16 . 


c. 13 . 


Homings 


174 


c. 49 . 


0. 20 . 


Bankrupts' lands .... 


174 


0. 53 . 


c. 23 . 


Patronage 


174 


c. 56 . 


0. 26 . 


Confirmation of testaments . 


175 


c. 61 . 


c. 32 . 


Vassals of kirk lands .... 


175 


c. 63 . 


c. 30 . 


Teind Commission .... 


176 



220 



Chronological Table, 



Reign, year, and chapter. 


Subject-matter. 


I>a<«tt 






lage. 


Record edition. 


12mo edition. 






William and 


William and 






Mary. 


Mary. 






1693. 


Par. 1. Sess. 4. 
1693. 






c. 21 . 


c. 12 . 


Citations 


177 


c. 22 




c. 13 . 


Preferences of real rights , 






178 


c. 23 




c. 14 . 


Registers . 






178 


c. 24 




c. 15 . 


Registrations 








178 


0. 31 




c. 18 . 


Court of Session 








179 


c. 38 




c. 22 . 


Act of Settlement 








179 


c. 39 




c. 23 . 


Teind Commission 








180 


c. 40 




c. 24 . 


Whitsunday 








181 


c. 41 




0. 25 . 


Parsonages 
Court ofSession 








181 


c. 42 




c. 26 . 








181 


c. 43 




c. 27 . 


„ of Justiciary 








182 


c. 45 




c. 28 . 


Common good 








182 


c. 51 . 




c. 30 . 


Burghs 








183 


William. 


William. 






1695. 


Par. 1. Sess. 5. 
1695. 






c. 6 . 


c. 4 . 


Justice Court 


185 


c. 7 . 


c. 5 . 


Cautioners . 






185 


c. 8 . 


c. 6 . 


Bankrupts' estates 






186 


c. 35 . 


c. 22 . 


Intrusion into churches 






186 


c. 36 . 


c. 23 . 


Runrig lands 
Church 






187 


c. 51 . 


c. 27 . 






187 


c. 54 . 


c. 30 . 


Sandhills and bents 






188 


c. 69 . 


c. 38 . 


Common ties 






188 


c. 71 . 


c. 40 . 


Signet letters 






189 


c. 72 . 


c. 41 . 


Executors-creditors 






189 


William. 


William. 






1696. 


Par. 1. Sess. 6. 
1696. 






c. 5 . 


c. 5 . 


Notour bankruptcy .... 


190 


c. 8 . 




c. 8 . 


Tutors and curators . 




190 


c. 9 . 




c. 9 . 


Decennial prescription 




191 


c. 14 . 




c. 14 . 


Universities 




192 


c. 15 




c. 15 . 


Form of deeds 




192 


c. io . 




c. 18 . 


Registration of Sasiiies 




192 


c. 19 




c. 19 . 


J, of Interruptions 




193 


c. 20 




c. 20 . 


Vitious intromitters . 




193 


c. 25 




c. 25 . 


Blank bonds and trusts 




193 


c. 35 . 




c. 33 . 


Salmon .... 




194 


c. 38 . 




c. 36 . 


Inland bills 




194 


c. 41 . 




c. 39 . 


Registration 




194 


William. 


William. 






1698. 


Par. 1.— Sess. 7. 
1698. 






c. 2 . 


c. 2 . 


Vacant churches .... 


195 


c. 3 . 


c. 3 . 


Salmon 


196 



221 



Chronological TaUe, 



Reign, year, 


and chapter. 


fl.ililniil ■iiinilnj 


p*ea 






onDjecirDiattor. 


Beoord edition. 


12mo edition. 






William. 


William. 






1698 


Par. I.~~8e88. 7. 
1698 






amHnued, 


continued, . 






c. 4 . 


c. 4 . 


Registration 


196 


c. 6 . 


c. 6 . 


Clandestine marriages 
Vassals of bishops' lands 


196 


c. 11 . 


c. 11 . 


197 


c. 35 . 


c. 16 . 


Planting 


197 


c. 39 . 


c. 20 . 


Trade ^ 


198 


William. 


William. 






1700. 


Par. 1. Se88. 
8 and 9. 1700. 






c. 6 . 


c. 6 . 


Criminal procedure 


198 


Anne. 


Anne. 






1705. 


Par. 1. Se88. 3. 
1705. 






c. 48 . 


c. 2 . 


Fisheries .a 


201 


Anne. 


Anne. 






1707. 


Par. 1. Seas. 4. 
1707. 






0. 6 . 


c. 6 . 


Act of Security 


201 


c. 7 . 


c. 7 . 


Union with England .... 


203 


c 8 . 


c. 8 . 


Election of Peers and members of 








Parliament 


208 


e. 10 . 


0. 9 . 


Kirks and teinds .... 


209 


e. 91 . 


c. 13 . 


Game 


210 



222 



INDEX 



INDEX 



Adjudication 
Administi-ation of Justice 
Admiralty Court 
Adultery . 
Advising . 
Advocate 
Ann 

ArreatmenU 
Assembly, Gkneral 



PAOB 

88, 120, 136, 174 

12, 39, 40, 41, 62, 65 

. 73, 139 

56, 69, 182 

181, 182 

2, 45, 134, 185, 205 

130 

43, 81, 114 

63 



Bankruptcy 

Bill of Exchange 

Brief 

Broom 

Burgh 



. 91, 140, 174, 186, 190 
. 141, 193, 194 

• • ■ • • A 

. 7, 8, 35, 43, 53, 60, 62, 63, 66, 71, 72, 
115, 120, 146, 182, 183, 198, 206 



Cautionary Obligations 
Charitable Bequests 
Charitable Endowments 
Church 



Citation 

College of Justice 
Commissary Courts 
Commouties 
Comprisings 
Confession of Faith 
Confirmation 
Constable . 
Constitutional 



Court of Session 

Crime 

Criminal Pi*ocedure 

Curator 



•••■•■■ AOv 

• •«•««• c7 * 

18, 29, 31, 33, 34, 35, 37, 42, 46, 49, 53, 54, 55, 61, 64, 67, 
70, 74, 78, 82, 89, 95, 106, 121, 124, 130, 143, 148, 164, 
176, 179, 180, 181, 186, 187, 195, 201, 207, 208, 209 

12, 16, 59, 106. 126, 142, 145, 177, 193 
10, 12, 33, 40, 41, 58, 64, 66 

73 

188 

87, 111, 118, 120, 136 

18 et Mg., 154 et seq. 

. 175, 189, 193 

117 

2, 28, 31, 37, 44, 47, 51, 68, 69, 94, 

104, 105, 150-153, 201, 207, 208 

132-136, 139, 146, 179, 181 

39, 49, 51, 62, 66, 72, 93, 95, 110, 111 

. 52, 135, 182, 185, 198 

16, 48 



Deeds 

Deforcement 
Diligence . 
Dovecots 



62, 129, 192, 193, 194, 196 

43 
5, 9, 45, 134 

82 



Ejection 
Entails 
Escheat 
Executor 



65 

142 

. 80, 174 

80 



Ferries 
Fishery 
Forum 
Fraud 



225 



126 
. 1, 6, 29, 194, 196, 201 

8 
13 
15 



Index. 



Game Laws . 

Gaming 

Guardian and Ward 



PJLOB 

. 17, 51, 93, 210 

90 

190 



Heir and Executx)r . 
Heir Apparent 
Heritable and Moveable 
Homing 
Huaband and Wife 



• . • o 

109 

112 

38, 42, 45, 68, 71, 72, 73, 92, 95, 174 

7, 9, 15, 32, 34, 55, 69, 112, 138, 196 



Incest 
Infamy 
Innkeeper . 
International Law 
Interruption 



32 

15 

1 

14 

125, 142, 193 



Justice of Peace 



115,200 



Landlord and Tenant 

Land Rights 

Lawburrows 

Leagues and Bands 

Lint 

Lyon Eing-of-Arms 



4, 5, 8, 125 

13, 36, 80, 114, 126, 187, 188 

. 3,42,68,152 

48 

71 

50, 56, 127, 136 



Messengers-at-Arms 
Mines and Minerals 
Minor 



106, 145 

1 57 

40* 47, 79, 87, 88, 120, 125, 126, 140, 190 



Notary 



30, 39, 47 



Oath on Reference 
Officers-at-Arms 



40 
50, 56, 59 



Parent and Child 
Parricide . 
Pastui-ages . 
Poinding . 
Poor 

Precedence . 
Prelacy 
Prescription 
Process 
Proof 



5, 6, 40, 64, 78, 79, 125, 142, 185, 
9, 11, 15, 17, 43, 46, 59, 65, 129, 145, 146, 147, 178, 179, 

. 40, 42, 68, 



190 

66 

188 

45, 110, 124 

2 

109 

154 

191 

189 

125 



Register 
Removings , 
Reversions . 



80, 134, 138, 147, 178, 192, 196 

. 16, 40 
5.15,113 



Sasine 

Security 

Sheriff 

Sheriff-Clerk 

Spuilyie 

Subscription of Deeds 

Sunday 

Superior and Vassal 

Suspension . 



147, 178, 192 
201, 207, 208 
51, 59, 145 
. 38,69 
. 9,125 
13, 39, 47, 137, 146 
37, 63, 113, 117 
5, 8, 10, 11, 67, 115, 127, 174, 175, 197 

45, 124, 133 



Taxation 



141 



226 



■ 



Index, 



PAOB 



Teinds 


74, 77, 82, 97, 98, 106, 121, 130, 143, 148, 174, 176, 180, 209 


Term 


181 


Treason 


199 


Tniat 


193 


Tutor 


6 


Tutor and Curator . 


128 



Union 



. 203-207 



Warrandice 
Whitsunday 
Winter Herding 
Wood 



79 
181 
146 
197 



PBIMTED 1)Y WILLIAM GBEKN AMD BOKS, £DlHaUftUU. 



LBCOHEAa 
Tlw aolt of «• 




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